3. SUBJECT OF THE AGREEMENT 3.1. The Licensor undertakes to provide the User with a License under the terms of the Agreement, and the User undertakes to pay a fee to the Licensor.
3.2. The User has the right to use the Service in the following way:
using the functions of the Service by accessing the Service through a website on the Internet located at the following address:
https://growthhelper.io/.
The User has the right to use the Service only for the implementation of their own business activities. Use of the Service for commercial purposes is not allowed.
3.3. The agreement is valid for 1 year. After the expiration of the specified period, the Agreement will automatically be extended for the same period, unless the Parties declare otherwise before the expiration of the Agreement. The number of such extensions is not limited.
3.4. The license is granted to the User for the duration of the Agreement in the country.
3.5. The right to use the Service extends to all subsequent updates (modifications).
3.6. The Licensor grants the License to the User by providing access to the Personal Account.
3.7. To gain access to the Personal Account, the User must fill out the Registration Form specifying the requested data, including the following information:
- name of the organization (or surname, name, patronymic of an individual entrepreneur, if the User is an individual entrepreneur);
- TIN;
- E-mail address;
- telephone number of the User (or telephone number of the representative of the User, if the User is a legal entity);
- Password.
3.8. The login is the email address specified in the Registration Form.
3.9. The password is formed by the User independently by filling out the Registration Form.
3.10. In some cases, if the Registration Form is not available or the operation is limited, the Licensor provides the User with access to the Personal Account by sending the Login and Password to the User's e-mail address, but the Login and Login Password are generated by the Licensor.
3.11. Access to the Personal Account is considered granted from the moment the possibility of authorization on the Service using the Login and Password is provided.
3.12. The license comes into force from the moment the User pays the remuneration in accordance with Section 5 of the Agreement.
3.13. The Licensor undertakes during the term of the License:
provide, at the request of the User, assistance in completing the registration procedure on the Service and the initial setup of the Account and the Personal Account;
advise the User, at his request, on the possibilities of the Service and work in them;
process the User's requests in connection with errors in the operation of the Service.
3.14. The Licensor has the right to refuse to execute the Agreement unilaterally, but not earlier than after 1 year from the date of granting the User access to the Personal Account.
3.15. The User is not entitled to provide third parties with the opportunity to use the Service, except as provided in this Agreement.
4. ADDITIONAL TERMS 4.1. The licensor has the right:
establish any restrictions on the use of the Service in case of violation by the User of any terms of the Agreement;
send messages, notifications, requests, advertising and informational information to the User;
gain access to the User's account to monitor the operation of the Service;
to carry out preventive and (or) other work, entailing the suspension of the Service or its individual functions with prior notice published on the Service 12 hours before the start of work.
in the event of changes to the legislation governing legal relations related to the use of an electronic signature, as well as other legal relations arising from the use of the Service and affecting the possibility of the Licensor providing the functions of the Service to the User, the Licensor has the right to unilaterally terminate the Agreement in relation to such functions of the Service. At the same time, all obligations of the Licensor to the Users related to the provision of such functions of the Service are terminated.
4.2. Litigation arising between the Licensor and the User shall be resolved at the location of the Licensor.
4.3. The Licensor is not responsible for the Contractor, as well as for the User. The Contractor and the User act on their own behalf. All disputes arising between the Contractor and the User are subject to independent resolution without the involvement of the Licensor.
4.4. In some cases, if any of the provisions of the Agreement turns out to be void in accordance with the legislation of the Russian Federation, the remaining provisions will remain in force, and the Agreement will be executed by the Parties in full without regard to such provision.
4.5. The User has the right to refuse to execute the Agreement unilaterally out of court by notifying the Licensor at his address specified in the preamble to the Agreement, while the unused part of the remuneration for the right to use the Service is not refundable.
4.6. The Licensor has the right to unilaterally, out of court, refuse to execute the Agreement with prior notice to the User no later than 1 calendar day in advance. Such notification may be sent to the User in any way, including on the Service. The notification is considered received by the User from the moment it is sent.
4.7. The user undertakes to provide reliable data about himself and update them if they change. The User warrants that all data provided by him on the Service is true.
4.8. The liability of the Licensor under this Agreement is limited to the amount paid by the User for using the Service.
4.9. The Licensor is not responsible for the content and accuracy of the information transmitted using the Service, as well as for the compliance of the form of electronic documents signed by the PES with the requirements of the current legislation of the Russian Federation.
4.10. The Licensor shall not be liable for direct or indirect damages (including lost profits) resulting from the use of the Service.
4.11. The Licensor is not responsible for the inability to use the Service for reasons beyond the control of the Licensor.
4.12. The User has the right to provide the opportunity to use the Service on behalf of several legal entities and / or individual entrepreneurs through the Personal Account of such a User on the basis of a sublicense agreement. The Licensor's consent to grant the right to use the Service to the sublicensee is considered granted from the moment the Licensor makes the relevant settings of the Service, as a result of which access to the use of the Service on behalf of the sublicensee appears in the User's Personal Account.
The Licensor has the right, at its sole discretion, to refuse the User to provide access to the Service to sublicensees.
5. PERSONAL DATA AND ADVERTISING 5.1. The processing of the User's personal data (if the User is an individual entrepreneur, as well as in the case of processing the personal data of the User's representative - a legal entity) is carried out in accordance with the Privacy Policy (
https://growthhelper.io/privacypolicy). It is considered that by accepting the terms of this Agreement, the User accepts the terms of the Privacy Policy and agrees to the processing of his personal data, in accordance with Appendix No. 1 to the Privacy Policy. The User's consent to the processing of personal data is accompanied by his simple electronic signature.
5.2. By accepting the terms of this Agreement, the User agrees to receive advertising and informational messages and display them on the Service. Such messages can be made, including in the form of interactive visual materials.