TERMS OF USE

Saint Petersburg, Russia

March 15th, 2021

General Provisions
1. This terms of use (hereinafter referred to as the Agreement) in accordance with Articles 428, 435, 43, and 1286 of the Civil Code of the Russian Federation is an agreement between the private entrepreneur Ekaterina Mikhailovna Golubeva (hereinafter referred to as the Administration) and any physical person (hereinafter referred to as the User) who has expressed a consent to the conditions set forth in this Agreement by taking actions aimed at using the software product «Sudoku classic | Free puzzle game | Easy sudoku» and «Bricks 1010 Puzzle Free» (hereinafter referred to as the Game) posted on the Internet on the website http://www.astradia.com and available for download through mobile applications stores — Google Play, App Store and any other at the choice of the Administration, as well as information and entertainment resources related to the specified Game and the user of the Game. The User taking actions aimed at using the Game based on Article 1286 of the Civil Code of the Russian Federation is considered unconditional acceptance of this Agreement. This Agreement along with other additional terms and conditions related to the use of the Game and presented on the Game website at http://www.astradia.com contain the terms and conditions that apply to each User of the Game.
2. The User agrees to these terms and conditions. If the User does not agree with any of the conditions, he/she must stop using the Game. The actual use of the Game by the User is an acceptance of this Agreement.
3. This Agreement is an open and publicly available document.
4. The User’s acceptance of this Agreement means that he/she confirms the legal capacity and that he/she is of legal age, and has the right to enter into this Agreement, and in the case of being a minor, he/she has a permission from parents or guardians to use the Game.
5. The User of this Agreement confirms that he/she has read all the provisions of the Agreement, the Privacy Policy at http://astradia.com/privacy-policy/, understands and accepts them all.
6. This Agreement can be changed by the Administration at any time and without prior notice to the Users.
Terms and Definitions Used in this Agreement
1. The Parties have agreed that the following terms and definitions for the purposes of this Agreement will have the following meanings:
  - «Administration» is a private entrepreneur Ekaterina Mikhailovna Golubeva, OGRNIP (Primary State Registration Number of the Individual Entrepreneur) 318784700276751, INN (Tax identification number) 781438336415, with a registered office in: Saint Petersburg, being the owner and copyright holder of the exclusive rights to the Game.
  - «User» is any individual who has shown an interest in the Game by actually using the Game.
  - «Game» is a computer program which is a set of data, commands and audiovisual displays generated by it, activated sequentially to obtain a certain result by the User provided for by the Game logic, without paying a fee or after paying a fee, posted on the Internet on the Internet at http://www.astradia.com and available for download through mobile application stores — Google Play, App Store and any others at the choice of the Administration.
  - «Purpose of the Game» is granting of rights to use the Game by the User for the purpose of his entertainment and as free time activity.
  - «User Documentation» means instructions and information materials explaining the procedure for using the Game by the User.
  - «Token» is a unique set of characters that identifies the User in accounts of third-party web services (Microsoft Authenticator, Google Authorization, social networks, Google Play, Apple AppStore etc.). The token allows an authorized connection to the Game using authorization through third-party web services.
  - «Simple electronic signature» is an electronic signature that, through the use of codes, passwords, or other means, confirms the fact of the formation of an electronic signature by a certain person in accordance with this Agreement.
  - «Terms of Use» is a set of agreements between the User and the Administration including this Agreement, additional terms, and conditions related to the use of the Game, as well as other agreements in which it is separately stated that they are included in the Terms of Use of the Game.
  - «Personal data» is any information related to a directly or indirectly identified or identifiable natural person («personal data subject/owner»); an identifiable natural person is a person who can be identified directly or indirectly, in particular, by reference to an identifier such as first name, last name, patronymic/middle name (if any), identification number, individual taxpayer number, SNILS (personal insurance policy number), bank details, year, month, date and place of birth, address, e-mail address, telephone number, family, social, property status, education, profession, income, metadata transmitted to the Operator in the process of using the Game using the software installed on the User’s device, one or more characteristic for the specified person physical, physiological, genetic, spiritual, economic, cultural factors or by referring to factors of social identity.
  - «GDPR» is the Regulation of the European Parliament and the Council (EU) No. 2016/679 «On the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC» (General Data Protection Regulation) dated April 27, 2016.
  - «CCPA» is California Consumer Privacy Act.
  - «Statistics» is information about the use of the Game, as well as the viewing by the Users of individual elements of the Game (web pages, frames, content, etc.), collected using Counters, cookies, beacons, and other similar technologies.
  - «Counter» is a part of the Game, a computer program that uses a piece of code that is responsible for collecting statistical and personal data on the use of the Game. The Administration can use counters both of its own design and provided by third parties under the terms of a limited license (license agreement), for example, Google Firebase, Yandex.AppMetrika and other similar counters. Personal data is collected in anonymized form.
  - «IP-address» is a number from the numbering resource of a data network built based on the IP protocol (RFC 791) which uniquely identifies a terminal (computer, smartphone, tablet, other device) when providing telematic communication services, including Internet access, other device or means of communication included in the information system and owned by the User.
  - «HTTP header» is a row in the HTTP message that contains a colon-separated name-value pair. The HTTP header format follows the common ARPA network text message header format described in RFC 822.
  - «Cache» is intermediate storage located on the User’s device of data received from the Game’s website and requested more often than others with the highest probability, access to which from the cache is possible at a much faster speed than fetching source data from a remote source (for example, remote server or website).
  - «Cookies», «cookie» is a small piece of data sent by the web server and stored on the User’s device. Cookies contain small pieces of text and are used to store information about how browsers work. They allow you to store and receive identification information and other information on computers, smartphones, phones, and other devices. Cookie specifications are described in RFC 2109 and RFC 2965. Other technologies are used for the same purposes, including data stored by browsers or devices, identifiers associated with devices, and other software. In this policy, all of these technologies are referred to as «cookies».
  - «Web beacons» are images in electronic form (single-pixel (1×1) or empty GIF images). Web beacons can help the Operator recognize certain types of information on the User’s device, for example, cookies, the time and date of viewing the page, and the description of the page where the web beacon is located.
  - «Messenger» is an information system and/or computer program (mobile application, web service, web application, etc.) that is designed and/or used to receive, transmit, deliver, and/or process electronic messages on the Internet (e.g. Skype, WhatsApp, Viber, etc.).
  - «Checksum» is a certain value (sequence of characters) calculated from a data set by applying a specific algorithm, used within this Agreement to verify the integrity (authenticity) of electronic files during their transfer or storage. For the purposes of this Agreement, the calculation and verification of Checksums are performed by applying the algorithms MD5 and SHA256.
  - «Basic features» is a set of data, commands and audiovisual displays generated by it, activated sequentially to obtain a certain result by the User provided by the Game logic without a fee to be paid.
  - «Additional features» is a set of data, commands, and audiovisual displays generated by it, activated sequentially to obtain a certain result by the User provided by the Game logic after a payment has been made.
2. All other terms and definitions found in the text of this policy are interpreted by the Parties in accordance with applicable law, current recommendations (RFC) of international standardization bodies on the Internet, and the usual rules for the interpretation of relevant terms on the Internet.
3. Terms and definitions used in this Agreement can be used both in the singular and in the plural, depending on the context, the terms can be spelled both in uppercase and lowercase letters.
4. The names of the headings (articles), as well as the design of this document, are intended only for the convenience of using the text of the Agreement and have no literal legal value.
Subject Matter of the Agreement
1. Under this Agreement and subject to the User’s compliance with its respective conditions, the Administration grants the User the right to use the Game as software and/or a database within the limits determined by this Agreement.
2. In its meaning and content this Agreement is a mixed agreement containing elements of an agreement on the provision of a simple (non-exclusive) license to use the Game as software, concluded based on clause 5 of Article 1286 of the Civil Code of the Russian Federation in a summary procedure by joining the Agreement as a whole, as well as the agreement between the participants of electronic interaction provided for by the Federal Law No. 63-FZ «On Electronic Signature» dated of April 6, 2011, concluded also by joining the Agreement as a whole in accordance with Article 428 of the Civil Code of the Russian Federation.
3. The provision of a non-exclusive license for the right to use the Game does not require the drawing up of a separate document regarding the provision. A non-exclusive license is deemed to have been granted upon the User’s accession to the terms of this Agreement, the moment the Game starts being used. This clause is considered by the Parties to be equivalent to the act of granting a non-exclusive license. The license is provided free of charge.
4. The right to use the Game provided under this Agreement does not include the right to conclude sublicense agreements by the User.
5. A simple non-exclusive license transferred to the User under the terms of this Agreement is valid in the territories of the Russian Federation, the European Union and the rest of the world.
6. The right to use the Game provided to the User under this Agreement implies the right to receive regular updates of the Service within one version (minor updates of the current release which are not a new version) and new versions of the Service (major updates, new releases which are a new version), during the entire term of this Agreement in case such updates are issued by the Administration.
7. This Agreement does not provide for the transfer of intellectual property rights of the Administration (or part thereof), except for a non-exclusive license which is granted on the basis of this Agreement. Nothing in this Agreement constitutes an assignment of intellectual property rights of the Administration or a waiver of these rights on the basis of applicable law.
8. The right to use the Game on the basis of a simple (non-exclusive) license granted on the basis of this Agreement remains in effect until revoked by the User. The right to use the Game on the basis of a simple (non-exclusive) license will be terminated if clauses 1.2, 4.3 — 4.4 of this Agreement are violated.
Terms of Use
1. The game, its content, parts, and individual components (including, but not limited to: software, mobile application, website, databases, program codes, know-how, algorithms, design elements, fonts, logos, as well as text, graphic, and other materials) are objects of intellectual property protected in accordance with Russian and international legislation. Their use is allowed only on the basis of the permission of the Administration.
2. The Agreement governs the relationship only for the use of the Game in accordance with its purpose.
3. The use of the Game in accordance with its purpose and functionality must be carried out by the Users in strict accordance with the regulatory legal documents of the Russian Federation and the country of residence of the User.
4. The use of the Game features as part of the non-exclusive license is assumed after the start of the actual use of the Game by the User installing the Game on his/her hardware.
5. The User is provided with an opportunity to add additional features of the Game provided for by the Terms of Sale published on the Internet at http://astradia.com/terms-of-sale/.
Validity of the Agreement
1. This Agreement is concluded between the Parties for an indefinite period. The current version of the Agreement is posted on the Internet at: http://astradia.com/terms-of-use/.
2. The Administration reserves the right to unilaterally and without prior notice to users change the terms of the Agreement by posting the final version of the Agreement on the website at the above address. The provisions of the new version of the Agreement become binding on all previously registered Users of the Game from the date it enters into force.
3. If the User deletes the Game, then this is considered as a refusal to use the Game and out-of-court unilateral termination of this Agreement on the initiative of the User from the moment the Game is removed from the software or hardware of the User.
4. Termination of this Agreement means its termination in its all meanings, including and in relation to the agreement between the participants of electronic interaction. Upon termination of such an Agreement, the User is considered to have stopped electronic interaction with other participants.
Rights and Obligations of the Administration
1. The Administration guarantees that it has all legal grounds for providing the User with the right to use the Game under this Agreement. All rights to the Game and its constituent components belong to the Administration or to other copyright holders who have granted the Administration a non-exclusive license with the possibility of sublicensing including under an open license (LGPL, BSD, MIT, etc.).
2. The Administration undertakes to make all reasonable efforts to ensure the stable operation of the Game, its gradual improvement, and correction of errors in the operation, however, the Game is provided to the User «as is». This means that the Administration:
  1. does not guarantee the absence of errors in the operation of the Game;
  2. is not responsible for the continuous operation of the Game and its compatibility with software and hardware of the User and other persons;
  3. is not responsible for causing any losses that have occurred or may arise in connection with or while using the Game;
  4. is not responsible for non-fulfillment or improper performance of its obligations due to failures in telecommunication and energy networks, malicious programs, as well as dishonest actions of third parties aimed at unauthorized access and (or) disabling the Administration’s software and (or) hardware complex.
3. The Administration guarantees the operation of the Game provided that the User uses new up-to-date versions of operating systems: Google Android (version 4.4.2 and later) and Apple iOS (version 9 and later).
4. The Administration undertakes to ensure the User’s rights to the Game provided in accordance with this Agreement.
5. The Administration undertakes to provide the User with the right to use the Game on the condition of a free non-exclusive license.
6. The Administration undertakes to provide the User with additional features of the Game on the terms indicated in the Terms of Sale published on the internet at http://astradia.com/terms-of-sale/.
7. The Administration has the right at any time, unilaterally and without prior notice to the User to limit, expand or change the content of the Game, as well as to suspend the Game.
8. The Administration has the right to update the required characteristics of operating systems on the technical means of the User. In this case, in order to continue using the Game, the User shall have to download a new updated version of the operating system on the User’s hardware.
9. The Administration reserves the right to refuse to grant the User the rights to use the Game without giving any reason, and at any time to suspend, limit or terminate this Agreement unilaterally.
10. The Administration has the right to immediately block the User’s ability to use the granted rights to the Game if the User violates the terms of this Agreement or if the Administration considers the User’s actions to be fraudulent or aimed at damaging the Game, undermining the reputation or brand of the Administration.
11. The Administration has the right to send in any way organisational and technical information, information about the operation of the Game, as well as post advertising, informational and other messages inside the Game, and by accepting the terms of this Agreement, the User confirms the consent to this.
12. The Administration has the right to post advertising and/or other information in any section of the Game, to interrupt the Game with advertising information which the User agrees to in this Agreement. The Parties agreed to consider this clause as the User’s prior consent to receive advertising in accordance with Article 18 of the Federal Law No. 38-FZ «On Advertising» dated March 13, 2006.
13. The Administration has the right to process the User’s personal data and transfer it to third parties for the purpose of executing this Agreement and resolving claims related to the execution of this Agreement in accordance with the Privacy Policy located at http://astradia.com/privacy-policy/, and also in accordance with the legislation.
14. The Administration has the right to transfer the rights and obligations under this Agreement to third parties in order to execute this Agreement without the additional consent of the User.
Rights and Obligations of the User
1. The User has the right to use the Game in the ways not prohibited by this Agreement and the applicable international and Russian legislation in accordance with its purpose and within its features.
2. In case there are any technical problems in the Game, the User has the right to contact the Administration to clarify the situation and take the necessary measures.
3. The User has the right to contact technical support on issues related to the Game specified in this Agreement. The technical support can be contacted by sending a request simultaneously with the Consent to the processing of personal data.
4. The User has the right to have his/her personal data kept safe, as much as it depends on the Administration in accordance with the applicable international and Russian legislation.
5. The user undertakes to properly comply with the terms of this Agreement and the current legislation of the Russian Federation, as well as the rights and legitimate interests of the Administration.
6. The User undertakes not to use the Game or its parts for any other purpose other than for purposes related to personal non-commercial use.
7. The User is obliged to refrain from taking actions aimed at destabilising the operation of the Game, making attempts to unauthorised access to the Game, its parts, and code, as well as from performing any other actions that violate the rights of the Administration or third parties.
8. The User undertakes not to try to disable or otherwise interfere with any technical protection of the Game.
9. The User agrees not to try to change or modify any part of the Game.
10. The User undertakes not to use the Game in ways not provided for in this Agreement.
11. The User undertakes to ensure protection of all his devices (used for accesing the Game) against viruses and other malicious programs.
12. The User undertakes to compensate for losses (real damage/lost profits) and/or for violation of the exclusive rights of the Administration to the Game.
Warranty and Liability
1. The Game and the rights to use it are provided «as is».
2. For the execution of this Agreement, the Administration may involve third parties.
3. The User confirms that these third parties are granted the same rights as the Administration, including with respect to the personal data of the Licensee.
4. The User guarantees to not take any action aimed at causing damage to the Administration or other persons.
5. In case of violation of the rules for using the Game specified in this Agreement, as well as in case of violation of clause 8.3. of this Agreement, the User undertakes to reimburse the Administration for the harm caused by such actions.
6. Recognising the international nature of the global Internet, the User assumes responsibility for compliance with all local rules and laws regarding the actions of the User on the global Internet.
7. The Administration is not responsible for negative consequences and losses resulting from events and circumstances beyond its competence, as well as for possible illegal actions of the User or third parties.
8. The Administration is not responsible in case it is impossible to fulfill obligations due to inaccuracy, inadequacy, or untimely information and documents provided by the User, or if the User violates the terms of this Agreement or the requirements for the information and documents provided.
9. The User understands and agrees that the Administration is not responsible to him for any materials posted not by the Administration, including but not limited to the following: texts and comments, images, as well as any other information posted by third parties.
10. The Administration is not responsible for any damage to the computer of the User or another person, to any other equipment or software caused or associated with the use of the Game.
11. Under no circumstances will the Administration be liable to the User or any third parties for any indirect damage, including lost profits or lost data, damage to honor, dignity or business reputation caused by the use of the Game.
12. The Administration is not responsible to the User or any third parties for:
  1. the User’s actions in the Game;
  2. the content and legality, reliability of the information used/received by the User in the Game;
  3. the quality of goods/works/services purchased by the User after viewing advertising messages (banners, videos, etc.) posted in the Game, and their possible inconsistency with generally accepted standards or the User’s expectations;
  4. for the consequences while using information used/received by the User in the Game;
  5. for the inability to use the Game or any of its parts due to the User’s lack of access to the global Internet;
13. The Administration is not obliged to provide the User with any evidence, documents, etc., proving the User violating the terms of the Agreement, as a result of which this Agreement was suspended or terminated.
Terms of Confidentiality
1. Within the meaning of this Agreement, confidential information is any information, including business, technical and financial information disclosed by any of the Parties in the form of documents, algorithms, computer software, knowledge, experience, as well as other information marked by the Parties as confidential.
2. The Parties undertake to maintain the confidentiality of all information transmitted to each other both through secure and unprotected communication channels, regardless of the presence or absence of markings indicating the status of confidentiality of the transmitted information, except when such disclosure occurred for reasons beyond the control of the Parties, as well as except cases stipulated by the current legislation.
3. The disclosure of confidential information within this Agreement means the action or inaction of one of the Parties to the Agreement, as a result of which confidential information becomes known to third parties without the consent of its owner. In this case, the form of disclosure of confidential information to third parties (oral, written, using technical means, etc.) does not matter.
4. Disclosure of confidential information at the legal request of law enforcement and other authorized state bodies and officials is not considered a violation of confidentiality if it’s disclosed in cases and the manner prescribed by applicable law.
5. In case confidential information is disclosed to such authorities and/or persons, the disclosing Party shall in writing notify the owner of the confidential information about the fact of the disclosure, its contents, and the authority to which they were disclosed, no later than 2 (two) business days from the date of disclosure.
6. Confidentiality obligations are valid for an unlimited period.
7. Notices for the media, public announcements, and other notices concerning this Agreement may be made with the prior written consent of the other Party.
8. Acceptance of the Agreement and use of the Game in accordance with the Agreement requires the provision, collection, and/or use of a set of personal data. In particular, when providing access to the Game and when using it, the Administration gains access and uses a set of data concerning the User who is an individual. The Administration’s privacy policy regarding the Game is posted at: http://astradia.com/privacy-policy/
9. By putting an appropriate mark in the check-box, pop-up window, etc. in pursuance of the requirements of the Federal Law «On Personal Data» and the GDPR, the User provides the Administration with its consent to the processing of his/her following personal data:
  1. token;
  2. HTTP headers;
  3. IP address of the device;
  4. cookie data;
  5. data collected by counters;
  6. data collected by web beacons;
  7. information about the browser;
  8. technical specifications of the device and software;
  9. technical data on the operation of the Game, including the dates and times of use and access to the Game;
  10. geolocation data.
    
    for the term of this Agreement or for the period specified in the check-box, pop-up window, etc., for the following purposes:
    - — use of personal data of Users who are individuals using the Game for the purpose of concluding and executing the Agreement;
    - — placing personalised advertising and/or other information in any section of the Game and interrupting the Game with advertising information;
    - — conducting statistical and other studies of the use of the Game based on anonymized data;
    - — compliance with the mandatory requirements of the legislation of the Russian Federation, the European Union or the United States of America.
10. As part of the given consent, the Administration is granted the right to perform any actions with the User’s personal data, including but not limited to: collection, systematisation, accumulation, storage, clarification (update, change), use, transfer, depersonalisation, blocking, destruction, transfer (including cross-border transfer) of personal data to the Administration’s partners, in particular to the website hosting provider and the operator of the electronic platform for the distribution of the mobile application, as well as the implementation of other necessary actions with personal data, taking into account the current legislation.
11. It’s allowed to process the User’s personal data using the following main methods (but not limited to): storage, recording on electronic media and their storage, listing, labeling.
12. It’s allowed to process the User’s personal data without the use of automation tools in accordance with applicable law.
13. The User’s personal data within this Agreement is processed by the Administration without the use of automation tools, since such actions as the use, refinement, distribution, destruction of personal data in relation to the User are done with the direct participation of a person.
14. It is allowed to process the User’s personal data using DPM systems (Data Protection Manager), including those belonging to third parties, and provided to the Administration on the basis of an appropriate agreement or contract if measures to protect the confidentiality of personal data are taken.
15. The personal data provided by the User while using the Game in accordance with the Agreement is processed on the basis of clause 5 of part 1 of article 6 of the Federal Law «On personal data» and subparagraph (b) of paragraph 1 of Article 6 of the GDPR related to the need to conclude and execute this Agreement to which the User is a party.
16. In accordance with this Agreement, the User’s personal data is processed without notifying the authorized body for the protection of the rights of personal data subjects in accordance with Part 2 of Article 22 of the Federal Law «On Personal Data», since:
  1. User’s personal data obtained by the Administration in connection with the conclusion and execution of the Agreement to which the User is a party, is processed but not distributed, and is also not provided to third parties without the consent of the User and is used by the operator exclusively for the execution of the Agreement and the conclusion of other transactions with the User;
  2. User’s personal data obtained by the Administration is processed without the use of automation means which means with the direct participation of a person in accordance with federal laws or other laws, statutes, codes, rules, regulations, and requirements of the Russian Federation establishing requirements for ensuring the security of personal data during its processing and for observing the rights of personal data owners.
  3. If the User uses the right to contact the technical support of the Game, the Administration processes the User’s personal data on the basis of the received Consent to the processing of personal data obtained by filling out the check box «I give my consent to the processing of my personal data in accordance with the Agreement and the Privacy Policy». The text of the Consent to the processing of personal data is in Appendix No. 1 to this Agreement.
Technical Requirements for the User’s Computer
1. The game is designed for operation only with official, licensed, and unmodified software.
2. The User acknowledges and agrees that the Administration does not provide the User with communication services and is not responsible for malfunctions of equipment and communication networks owned by third parties and used to provide communication services to the User.
3. The User acknowledges and agrees that the speed of the Game access on the global Internet may change due to the congestion of the User’s channel with traffic from other resources or for other reasons beyond the Administration’s control.
4. The Administration is not responsible that at a specific time and in a specific place the Licensee was unable to use the Game or its parts due to the low access speed.
Links to Third Parties’ Websites.
1. The Game might contain links or provide access to other websites on the global Internet (third party sites) and content posted on these sites which is the result of the intellectual activity of third parties.
2. These websites and the content posted on them are not checked by the Administration for compliance with the requirements of the legislation of the Russian Federation, as well as the laws of other countries.
3. The Administration is not responsible for any information or content posted on third-party websites to which the User gains access, including, but not limited to, any opinions or statements expressed on third-party websites.
4. The User confirms that from the moment the User clicks on a link to a third party’s website, the relationship between the Administration and the User is terminated, this Agreement does not further apply to the User and the Administration is not responsible for the accuracy of the information posted on third-party websites, the User’s use of content, the legality of such use and the quality of content posted on third party sites.
Legal Communication
1. Documents, notifications and messages under this Agreement may be sent in the form of a paper document or electronic document in accordance with the agreement between the participants of the electronic interaction given in the section «Agreement between the participants of electronic interaction» of this Agreement. In particular, by sending an e-mail to the corresponding e-mail address.
2. Any message shall have legal force only if it is sent by one of the Parties to the other Party through the Personal Account and (or) to the postal or e-mail addresses specified in the Agreement, in the User’s Personal Account, upon the User’s personal request to the Administration with the presentation of an identity card or through the indicated messengers or phone numbers (SMS-message).
3. Any message can be delivered in person or sent by registered mail and will be considered received:
  - — on the date of delivery upon delivery in person to the addressee or his representative;
  - — on the date indicated in the receipt confirming the delivery of the corresponding post by the communication organisation if sent by registered mail.
4. The message is considered delivered (received by the addressee) in those cases if it was delivered to the addressee, but due to circumstances depending on him/her it was not received by him/her or the addressee did not familiarize himself/herself with it.
Dispute Resolution Process
1. All disputes connected to the Agreement shall get settled in accordance with the legislation of the Russian Federation.
2. In case of a dispute, the party will take measures for its pre-trial settlement by sending a written claim (demand) to the other party.
3. Any claims (demands) of the User shall be sent to the Administration by an electronic message in the ways described in the sections «Legal communication» and «Agreement between the Participants of Electronic Interaction» of this Agreement. The Administration is not responsible and does not guarantee answers to claims sent to it in another way.
4. The Administration undertakes to review the claim within 10 (ten) business days and send a response in the same way as the claim was received. At the same time, the Administration does not consider the claims of the Users, whom it is not possible to identify on the basis of the data provided by them during Registration (including anonymous claims). If the User does not agree with the reasons given by the Administration in response to the claim, the dispute settlement procedure is repeated.
5. If the parties are unable to settle the dispute in an out-of-court procedure, then it can be submitted for resolution by the state court at the location of the Administration after 30 (thirty) calendar days from the date of the initial claim (demand), for resolution in accordance with the requirements of Russian law.
Agreement Between the Participants of the Electronic Interaction
1. The rules provided in this section are an agreement between the Parties to this Agreement, as between the participants (parties) of electronic interaction in the manner of Article 6 of Federal Law No. 63-FZ «On Electronic Signatures» dated April 6, 2011, establishing cases of recognition of electronic documents (including primary accounting documents) signed with a simple electronic signature, equivalent to paper documents signed with a handwritten signature.
2. A simple electronic signature of the User is formed by using a certain key of a simple electronic signature corresponding to a specific method of exchanging electronic documents. The user agrees to use a simple electronic signature key to sign electronic documents with his simple electronic signature.
3. A simple electronic signature of the Administration is formed by using a specific key of a simple electronic signature corresponding to a specific method of exchanging electronic documents. An electronic document is considered signed by a simple electronic signature of the Administration if it is established that the Administration uses a simple electronic signature key, which coincides with the Administration’s simple electronic signature key available in the Administration’s information systems.
4. A simple electronic signature of the User certifies the fact of signing an electronic document by the User, and a simple electronic signature of the Administration certifies the fact of signing an electronic document by the Administration.
5. Information in electronic form, in the form of an electronic document, or electronic message is legally valid only if it is directed to the specified in this Agreement Personal Account or the User, or when the User personally contacts the Administration with the presentation of an identity card, the addressee’s email address from the email address the sending party or using the same messengers or phone numbers (SMS-message).
6. The simple electronic signature of the Party is contained in the electronic document itself. A simple electronic signature of the User contains information indicating the person who signed the electronic document (last name, first name, and patronymic, if any, the identification number of the registered User), the date and time of signing the electronic document. A simple electronic signature of the Administration contains information indicating the last name, first name, and patronymic (if there is a middle name) of the employee of the Administration who signed the electronic document, his position, date, and time of signing the electronic document.
7. To verify a simple electronic signature, the software, hardware, and other means of the Administration are used. The Administration refuses to accept an electronic document in the event of a negative result of verification of a simple electronic signature of the User.
8. The fact of creating an electronic document signed with a simple electronic signature, as well as the fact and result of checking a simple electronic signature and other actions of the Administration and the User are recorded in electronic journals in the information systems of the Administration.
9. The User has the right to receive from the Administration a signed copy of the electronic document on paper, which displays information about the signing of the electronic document with simple electronic signatures of the User and the Administration, the Administration stamp “copy is correct” and the Administration’s own signature.
10. When transferring information in the form of electronic files, the Checksum value can be used to confirm their authenticity (invariability).
11. For the purposes of this Agreement, information in electronic form sent by one party from its email address to the email address of the other party is considered signed by a simple electronic signature in the form of an email address (login) which is contained in the electronic message itself, a simple electronic signature key (pair login and password) is applied in accordance with the rules established by the operator of the email service, and the email contains information indicating the party on whose behalf the email is sent. An electronic document is considered signed by a simple electronic signature if it is established that the delivery of an electronic message from the email address of the sending Party is established.
12. For the purposes of this Agreement, information in electronic form sent by one party to another party using the messenger is considered signed by a simple electronic signature in the form of a User identifier in the messenger which is contained in the email itself, the key of a simple electronic signature (pair login and password) is applied in accordance with the rules established by the operator of the messenger, and the e-mail contains information indicating the party on whose behalf the e-mail was sent. An electronic document is considered signed with a simple electronic signature if the fact of delivery of an electronic message in the messenger from the identifier of the sending Party is established.
13. Information in electronic form, signed by a simple electronic signature of the sending party, is recognized by the parties as an electronic document equivalent to a paper document signed by the handwritten signature of the corresponding party.
14. Each of the parties undertakes to maintain the confidentiality of the key of a simple electronic signature in the form of a login and password from the information system of the operator of e-mail services, messengers, and Personal Accounts. In case of unauthorized access to the specified login and password, their loss, or disclosure to third parties, the party is obliged to immediately inform the other party about this and take measures to restore access and/or change the login and password.
15. The electronic protection measures taken by the Administration do not guarantee absolute protection of information from damage or interception, as well as from other possible negative consequences. The user acknowledges and agrees that there are risks associated with the transfer of information in electronic form, including the risk of unauthorized use by third parties of personal data used for data verification and User Authorization, violation of the confidentiality of the simple electronic signature key, and its use by third parties.
16. The use of a simple electronic signature for signing primary accounting documents in electronic form is allowed until the adoption in pursuance of clause 4 of part 3 of article 21 of the Federal Law No. 402-FZ «On accounting» dated 06.12.2011 of the corresponding federal accounting standard, which will establish the types of electronic signatures used to sign accounting documents. In case the relevant accounting standard prohibits the use of a simple electronic signature for signing primary accounting documents in electronic form, this section of the Agreement shall terminate without termination of the Agreement as a whole.
Details
- Private entrepreneur Ekaterina Mikhailovna Golubeva, OGRNIP (Primary State Registration Number of the Individual Entrepreneur) 318784700276751, INN (Tax identification number) 781438336415
- Registered office address: Saint Petersburg