This document is an official offer of Assetbox Limited Liability Company Website Administration to Users (an unlimited number of individuals and legal entities, who started using the Website with the domain name https://assetbox.io/ (hereinafter – the Website), where this document (the Agreement), all supplements and addenda thereto are posted).
Administration requests to take into consideration that this Agreement is a public offer.
In this regard the User is recommended to read carefully the text of this Agreement (including the amendments made over time), posted on the Site, and in case of disagreement with the terms at any time, leave the Site.
The Administration reserves the right to change the terms of this Agreement by posting an updated version of the document on the Site at least one day prior to the effective date of the new terms. The User is deemed to have accepted the new terms and conditions if he/she continues to use the Site.
- TERMS AND DEFINITIONS
For purposes of this Agreement, the following terms and definitions shall have the following meaning:
- Website is a set of interconnected web pages located on the Internet with the domain name https://assetbox.io/.
- Site administration means Assetbox Limited Liability Company, registered in accordance with the laws of the Russian Federation, represented by its authorized employees, which administers the Site.
- User means any individual, visiting the Site and using the information, materials and products of the Site, as well as the Site’s Service, in accordance with the requirements of the current legislation of the Russian Federation and this Agreement. The use of the Site by persons under 18 years of age is the responsibility of their legal representatives.
- The Service is a hardware and software complex located on the Site which allows the User to store and manage any corporate media files, documents, images, videos and other digital content in the cloud using the Service’s web interface. The Service also has various tools allowing advanced file search, enrich files with various data, both user and artificial intelligence, share files among company departments or with external agents, Site Administration, etc.
- Service – actions of the Site Administration, expressed in the provision of the User the opportunity to use the Service. The Service is provided under the SaaS model (software as a service). In this form of distribution of software product the User pays for the services provided, and not for the purchase of a non-exclusive license.
- User’s personal information – data including name, cell phone number, e-mail address and any other information relating directly or indirectly to a defined or identifiable person that allows you to identify the subject of personal data, which are automatically transmitted by the Site services during their use by the software installed on your device, including IP-address, information about User’s browser (or other program used to access services), technical characteristics of hardware and software used by the User, date and time of access to services, requested pages addresses and other similar information.
- Acceptance – is full and unconditional acceptance of the terms of this Agreement by the User. The acceptance of this Agreement is a set of the following legal facts:
- familiarization of the User with the terms of the Agreement;
- completion of the Registration form on the Site to get free access to the system for 14 days;
- payment for the access;
- User agreement – a public offer of the site Administration, published on the Site, addressed to any person or entity to enter into a contract with him under the existing conditions contained in the Agreement.
- Registration form – an html form which the User fills in with their personal data on the Site in order to receive access to the Service, including free access for a test period of 14 days.
- Free period – the User’s access to the Service for 14 (Fourteen) calendar days.
- Content and materials – any intellectual property objects of the Site Administration in the form of texts, images, pictures, photographs, charts, videos, programs, sounds, user interfaces, logos, trademarks, computer codes, which are the content of the Site and/or posted on the Site, with the consent of the Site Administration, as well as the aggregate information materials sent to Users by email.
1.1.11. If terms not specified in clause 1.1 are used in this Agreement, they shall be used and interpreted in accordance with applicable law and customary business practices prevailing on the Internet.
- By accepting the Agreement, the User guarantees that he/she has read, agrees fully and unconditionally, and accepts all the terms and conditions set forth in the text of the Agreement.
- The Agreement does not require signing and sealing of the Parties, while remaining valid.
- SUBJECT MATTER
- The Website Administration undertakes to provide the User with the Assetbox platform software and accompanying information and consulting services, and the User undertakes to pay for these Services.
- The Services are provided by granting the User access to the Service by the Site Administration, as well as providing information and consulting support during the entire trial and/or paid period of using the Service.
- The duties of the Site Administration are limited by the terms of the Agreement. In particular, the duties of the Site Administration do not include the provision of services to the User to provide access to the Internet, to configure and/or diagnose computer equipment and software, and to teach the User to work with the software.
- The User can find the full information and description of the functionality of Assetbox platform on the Site at https://assetbox.io/product/.
- As soon as payment for the Services is credited to the Administration’s bank account this Agreement shall be deemed entered into between the User and the Administration (paragraph 3 of Article 438 of the Civil Code of the Russian Federation).
- The acceptance implies that the User is familiar with the conditions and procedures for the provision and payment for the Services, and acknowledges the unconditional suitability of the payment system offered by the Administration for payment for the Services, and that the provision of Services by the Administration of the Site is done remotely with the use of the Administration’s software and fully corresponds to the User’s ability to use the Services provided by such means, as well as the Service
- The Administration reserves the right to change the terms of the Agreement unilaterally without the prior consent of the User, while ensuring the publication of the amended terms on the Site, at least 3 (three) days before they come into effect. Therefore, the Administration recommends the User to regularly check the terms of this Agreement for changes and/or additions. The current version is permanently posted on the Site.
- The User agrees that making changes and additions to this Agreement entails making changes and additions to the Agreement already concluded by way of Acceptance and in force between the Administration and the User, and they come into force simultaneously with such changes in this Agreement.
- This Agreement shall apply to all existing (actually functioning) at the moment the functions of the Website and Service, as well as any of their subsequent modifications and additional functions that appear in the future.
- TERMS AND CONDITIONS OF ACCESS
- After reading the information about the Services provided by the Administration of the Site, the User must register on the Site to gain access to the Service.
- The link https://assetbox.io/demo/ automatically redirects the User to the Registration form, in which he must specify:
- User Name;
- User’s contact phone number;
- E-mail address (e-mail) of the User;
- Name of the User’s company;
- User’s job title;
- After completing the Registration form and clicking the “Try” button, the User receives a notification to the email address specified during registration.
- Further, the User receives an account assigned to him and a link for payment, which redirects the User to the payment page for the following payment.
- By paying for the Services, the User confirms acceptance of the terms of this Agreement, and gives his consent to receive information necessary for the provision of the Services under this Agreement at the e-mail address specified by him.
- Once the User has made the payment and the funds are credited to the User’s account, the Agreement comes into force and the User’s account goes into full functionality.
- After that, the User gets an opportunity to create other Users within its tenant.
- RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1 Responsibilities of the Administration:
- Provide the User with personal and full access to the Service.
- During the entire trial and paid period of using the Service provide the User with information and consulting support on issues related to the use of the Service.
- To solve disputable situations with the help of correspondence when the User contacts the support service of the Site. If any question is not regulated by this Agreement the Administration decides how to deal with this or that situation.
- Answer questions of the User, give explanations on the use of the Site.
- Comply with legal requirements regarding the processing, transfer and protection of personal data. It is not considered a violation of confidentiality of personal data to provide information Administration agents, contractors and third parties, acting under contract with the Administration, to fulfill its obligations to the User.
4.2 The Administration shall be entitled:
4.2.1 Independently determine the methods and techniques of rendering the Services without prior approval by the User.
4.2.2 Block the User’s account until the circumstances are clarified in case of
- suspected account hacking, spamming or other suspicious activity
- Violation of the rules of conduct in the process of receiving services under this Agreement, namely: advertising, obscene statements, rudeness, general appeals to distrust or abuse of the Administration.
4.2.3 Unilaterally terminate this Agreement in case of a material breach of its terms by the User.
A material breach of the terms of this Agreement shall be understood to mean:
- Any violation of copyrights, regulated by the current legislation of the Russian Federation “On Copyright”.
- A single violation by the User of paragraph. 4.2.2. of this Agreement.
In case of the Administration’s refusal to execute the Agreement due to the User’s failure to comply with the terms of this Agreement, the payment for the provision of access shall not be refunded.
4.2.4 Modify and change the appearance of the Site, its sections, services, features and tools at any time without prior notice, make any changes to the Site, its sections, features and tools at its sole discretion, change their content, remove, modify and post any results of intellectual activity with or without prior notice, including imposing additional restrictions on its use.
4.2.5 Engage third parties to provide the Services under this Agreement.
4.2.6 Not to provide the User with access to the Service without timely and full payment of the access fee in accordance with the terms of this Agreement.
4.2.7 After the trial period, suspend providing access to the Service until the payment is made.
4.2.9 At any time change the list of services at its discretion by posting relevant changes on the Site.
4.3 User’s obligations:
- Carefully study the information on the Site about the terms of access;
- Accept unconditionally and in full the terms of this Agreement.
- Pay for access to the Site in full and on time.
- In order to implement this Agreement to provide the Administration accurate and complete data, including indicate their personal data.
- Not to transfer login and password from your account to any third parties, to strive to ensure the secrecy of the login and password.
- Not to use the Site Content solely for personal purposes and not to reproduce, copy, distribute and not to use in any other way for any purposes the Site Content, not to change in any way the software part of the Site, not to perform actions, aimed at changing functioning and operability of the Site.
- Not to transfer its rights under this Agreement to any third party without the written consent of the Administration.
- Immediately inform the Administration of all circumstances that may affect the performance of obligations by the parties to this Agreement.
- To give the consent of the Administration for the automated as well as without the use of means of automation processing of the personal data specified on the Site by collecting, systematization, accumulation, storage, clarification and removal with the purpose of sending by e-mail materials from the Administration;
- Avoid any actions that may result in a violation of confidentiality of information protected by the legislation of the Russian Federation.
4.4 The User has the right:
4.4.1 Address all questions to the Administration by sending them to the e-mail address: [email protected]
4.4.2 Stop using the Site and the Service at any time.
- PRICE AND PAYMENT PROCEDURE FOR ACCESS
- Information about the cost of access to the Service is on the Site and is determined on the date of payment.
- Payment for access to the Service is made by the User by depositing an advance payment of 100% of the cost of access to the Service to the bank account of the Administration
- The User is redirected to the service of the payment system in which the User can pay for the Service in any convenient way out of the options offered by the service (by bank card, using payment systems.
- After the User has fulfilled his payment obligations and the funds have been transferred to the Administration’s bank account, the User receives a payment confirmation sent to the email address, specified during registration.
- If the Administration can’t provide the Services in the stipulated term due to serious reasons, the Website Administration must notify the User and agree with him/her additionally on new terms of providing the Services.
- The choice and use of the method / form of payment for the Services is made by the User at its sole discretion, without the responsibility of the Website Administration. Safety, confidentiality, as well as other conditions of use of the method / form of payment selected by the User are beyond the scope of this Agreement, and are regulated by the agreements between the User and the relevant organizations.
- When paying for the Services, the User shall specify all the required data in the payment form. In the absence and/or incorrect specification of the required data, the Site Administration may at its discretion consider that the payment obligations are not duly performed by the User.
- Safety, as well as other conditions of using the payment methods chosen by the User are beyond the scope of the Agreement and are regulated by the agreements with the relevant payment aggregators. When paying for Services the User shall specify all required data in the order and payment form.
- The website Administration reserves the right to change the cost of its Services, the publication of these changes is made on the Site.
- PARTY LIABILITY
- The Parties shall be liable for failure to comply with the terms and conditions provided herein in accordance with the norms of the legislation in force on the territory of the Russian Federation.
- The Administration is not responsible for the inability to provide access to the Service to the User for reasons beyond the control of the Administration, namely:
- disruption or lack of Internet connection on the User’s side.
- the proper functioning of the Site if the User does not have the necessary technical means to use it
- delays or failures in the process of payment transactions
- any case of failure of telecommunication, computer, electrical and other related systems.
- for errors made by the User when making payment
- for non-performance and/or improper performance of obligations of third parties engaged by the Administration, payment systems and banks.
- The Administration is not responsible for the files posted by the User as part of the Service. The Administration does not moderate, review, edit these files, does not control them, and cannot guarantee that the files posted by the User as part of the Service do not violate the provisions of this Agreement, the provisions of applicable law and the rights of third parties.
- The Administration shall not be liable for any inconsistency between the Services provided and the User’s unreasonable expectations and subjective evaluation. No information, materials and/or advice provided by the Administration within the framework of the Services under this Agreement may be considered as a warranty. Making decisions based on all information provided by the Administration is the sole competence of the User.
- The User may use the software only within the rights and in the ways provided by this Agreement. The right to use the software that is not explicitly stated in this Agreement shall not be considered as granted to the User.
- The User shall compensate the Administration of the Website for the losses, related to the violation of intellectual property rights of the Website Administration, in accordance with the current legislation on the protection of intellectual property.
- The Parties shall be released from their liabilities for non-fulfilment or improper fulfilment of their obligations under this Agreement for the time of force majeure. During this time, the parties have no mutual claims, and each party assumes its own risk of the consequences of force majeure.
- During the validity period of this Agreement, the Website Administration will take all efforts to eliminate technical failures and errors, if they occur during the use of the Service by the User. Thus the Website Administration does not guarantee complete absence of technical errors and failures for the reasons caused by malfunction of equipment, errors of Service developers.
- If a technical failure or programming error within the competence of the Administration of the Site makes it completely impossible to use the Service, the period of providing access is extended by the Administration of the Site for the term of eliminating the defects. If it is still impossible to use the Service, and a programming error cannot be corrected promptly, the Website Administration shall inform the User of the scheduled time for error correction and, if requested by the User, shall recommend to the User an alternative scenario for the time of error correction.
- The Site Administration shall not be liable for adding, amending, transferring or deleting data posted by the User within the Service, regardless of its cause. Any disputes related to obtaining/inability to obtain access to data in the Service are resolved by the User exclusively by contacting the Site Administration. The Site Administration shall not be liable for any losses (both direct damage and lost profit), which may be incurred by the User while using the Service, including as a result of unauthorized access of any third parties to the User’s data.
- The Website Administration shall not be responsible for the inability to use the Service if it is caused by factors outside its competence as defined in this Agreement, including:
- the quality of the User’s and its provider’s communication lines,
- the software installed on the User’s and end users’ computer equipment,
- software products of third parties, including those used by the User,
- incompetent actions of User and end users, etc.
- Except for warranties explicitly stated herein, the Website Administration shall not give any other direct or indirect guarantees under this Agreement.
- By accepting the terms and conditions of this Agreement by accepting the Agreement, the User represents and warrants to the Website Administration that:
- The User has provided reliable data about himself/herself;
- The User enters into this Agreement voluntarily, and the User: fully acquainted with the terms of this Agreement, fully understands the subject matter of the Agreement, fully understands the meaning and consequences of their actions in relation to the execution and performance of this Agreement.
- The User has all the rights and powers necessary to enter into and execute this Agreement.
- TERMINATION OF AGREEMENT
8.1 The User may at any time unilaterally refuse the Services of the Administration and terminate the Agreement by ceasing to use the Website and Service.
- TERM OF AGREEMENT
9.1 The term for acceptance of the Agreement is limited to the posting of the Agreement on the Site.
9.2 A court ruling that any provision of this Agreement is invalid shall not invalidate the remaining provisions.
- OTHER PROVISIONS
10.1 All disputes arising in the performance of obligations under this Agreement, in connection with it or as a result of its execution the Parties shall resolve through negotiations. The claims of the User regarding the Services are accepted by the Administration for consideration by e-mail within 30 (Thirty) working days from the moment of occurrence of the disputable situation.
10.2 The term of response to a complaint is thirty (30) business days from the date of its receipt by the Party that violated the provisions of this Agreement. If the Parties fail to reach any agreement, the Party whose right has been violated has the right to apply to court to protect its right in the manner prescribed by Russian law.
10.3 The User’s claim sent to the Administration shall contain:
- Name of the User;
- contact information (phone number, email address, postal address, Skype-network, if any);
- number, date of the Order;
- information about the representative, if the claim is signed by the representative (name, copy of the notarial power of attorney);
- in what actions on the part of the Administration expressed a violation of rights with the obligatory indication of the norms of law and paragraphs of this Agreement;
- date and signature of the person submitting the claim or his representative.
All of the above information must be current and accurate.
10.4. The parties acknowledge that all notices, communications, agreements, documents and letters sent using authorized email addresses shall be deemed to have been sent and signed by the Parties, unless such letters expressly state otherwise, and shall be enforceable in court.
10.5. The authorized email addresses of the Parties shall be deemed to be:
- for Administration: [email protected]
- for User: the e-mail address specified when completing the Registration form on the Site.
10.6. Neither party may assign its rights under this Agreement to a third party without the written consent of the other party.
- ADMINISTRATIVE DETAILS
Assetbox Limited Liability Company
E-mail: [email protected]