Terms Of Use

In accordance with paragraph 2 of Art. 437 of the Civil Code of the Russian Federation this document is a public offer — a proposal to conclude a license agreement (agreement). The contract is concluded by the User's acceptance of this public offer containing all the essential terms of the contract. Acceptance is the registration of the User on the Service Administration website —   https://console.retell.cc/ .

This document is legally binding in accordance with Art. 434 of the Civil Code of the Russian Federation and is equivalent to an agreement signed by the parties and is valid in electronic form.

This edition is valid from 23.07.2020.

1. Terms and definitions

"Service"   — it is a copyrighted result of intellectual activity in the field of information technology (namely: software for automatically creating audio versions of articles of websites), which includes a set of software services (tools) and posted for use at https://retell.cc/ .

"Service Administration"   — the owner of the exclusive right to the Service as a result of intellectual activity (licensor) - Spichki LLC; (OGRN 1195543016965).

"User"   — any natural or legal person who is registered on the website https://retell.cc/ and uses the services of the Service (licensee).

"Parties"   — The Service Administration and the User, each individually referred to as the `` Party ''.

"Profile"   — created after registration on the Service, a unique identification number and access rights of the User to the Service via the Internet, containing information about the User of the Service, about the means of access and authorization of the User.

"Account"   — an interactive section of the Service, personal for the User, in which the User configures, controls and controls the use of the Service.

"Tariff"   — conditions that determine the amount of the license fee to the Service Administration and the functionality of the Service. The composition of standard tariffs, the set of services included in the tariffs are determined by the Service Administration on the page https://console.retell.cc/plans   and on the page for purchasing a plan, available via   a dynamic link in the format https://console.retell.cc/sites/ {site_id }/plans/buy. The estimated period of using the Service means one calendar month from the day when the corresponding tariff was connected (receipt of   tariff charges) or the period selected by the User as a calculated manually (tariff period).

"License"   — permission to use the Service to the extent and on the terms determined by the agreement.

2. Subject of the Agreement

2.1 The Service Administration grants the User the right to use the Service under the terms of a simple (non-exclusive) license within the provided functionality of the Service without the right to conclude a sublicense agreement. The use of the Service is provided to the User by organizing access to the Service.

2.2 The User's rights under this agreement apply to any changes to the software services (tools) of the Service that were already available to the User using the new version of the Service. The User accepts the terms of this agreement for the appropriate changes. New functionality of the Service becomes available to the User, unless such an update is accompanied by other conditions.

2.3 A simple (non-exclusive) license to use the Service in the ways specified in this agreement is provided to the User for the duration of this agreement in all countries of the world.

3. Terms of Service

3.1 To start working with the Service, the User must complete the registration procedure by filling in the fields of the registration form. Based on the entered data, the User is assigned a unique name (login) and password. Upon completion of the registration process, the User becomes the owner of the account and account.

3.2 From the moment of registration, the User does not receive any tariffs.

3.2.1 From the moment of adding each new website for the system (hereinafter referred to as the Site), the User receives a trial tariff applied to the Site. The trial tariff is valid for 10 days from the moment of application and is limited by the volume of audio generation from text by a limit of 200,000 characters, unless otherwise provided by the system.

3.2.2   The user has the right to transfer the Site   to any available tariff, or configure the tariff independently based on the available services., subject to making   tariff application fees. For Users who are legal entities or individual entrepreneurs, subject to the payment of tariffs by payment by credit card or wire transfer to the account of the Service Administration.

3.2.3   After switching to any of the paid tariffs   payment in full may be automatically charged at the beginning of the billing period and credited to the account of the Service Administration   by debiting from a linked bank card (excluding VAT, USN). If you subscribe to a tariff plan by invoicing a legal entity or an individual entrepreneur, then seven calendar days before the end of the billing period, an invoice will be sent to the email address specified during registration, after payment of which the tariff plan will be renewed.

3.2.4 Changing the tariff is free of charge, while the current tariff is valid until the end of the billing period, after which the new tariff is applied, subject to the payment of   fees for the selected tariff plan on the Seris Administration from the end of the billing period for the current tariff plan.

3.2.5 Funds deposited into the account of the Site Administration   are payment of the license fee and provide the User with a non-exclusive license to use the Service as a result of intellectual activity, and therefore can be used only to pay for the software services of the Service and are not refundable.

3.2.6 Software services within the framework of the right to use the Service are deemed to have been properly rendered and accepted by the User in full if, within ten working days from the end of the billing period of the corresponding tariff, the Service Administration has not received motivated written objections from the User.

For a User who is a legal entity or an individual entrepreneur, the Service Administration draws up acts on the granting of the right to use the Service under the terms of a simple (non-exclusive) license at the time the funds (license fee) are credited to the account of the Service Administration. Acts are not generated for the amount of credited and / or spent bonus points. In electronic form, the generated acts are sent to the User to the postal address   of the User. In paper form, acts are sent to the User upon request no later than fifteen   working days after the funds are credited to the account of the Site Administration at the postal address indicated in the User's account, in duplicate. The second copy of the act is signed and returned by the User to the Service Administration within a reasonable time.

3.3 The conclusion of this agreement does not lead to the transfer to the User of any exclusive rights to the Service as a result of intellectual activity in whole or in part, including to the User's account.

3.4 The Service is provided to the User on an `` as is '' basis (as is) in accordance with the generally accepted principle in international practice — in the same quality, volume and with the functionality that these tools have as part of the Service. This means that the Service Administration does not give any guarantees regarding the error-free and uninterrupted operation of the Service, its individual components and / or functionality, compatibility with other software products, the compliance of the Service with specific goals and expectations of the User, and also does not provide any other guarantees, directly not specified in this agreement.

Granting the right to use the Service does not affect the financial performance of the User (for example, an increase in demand and sales). The Service Administration is not responsible for the failure of the User to achieve an economic result that the User considers possible to achieve when using the Service.

3.5 The Administration of the Service provides technical support to the User, including on issues related to the functionality of the Service and the provided software services, as well as the features of the operation of the Service. For detailed help information, see the — https://retell.cc/info/support/. The cost of technical support for the User is included in the license fee.

4. Rights and obligations of the Parties

4.1. User rights and obligations.

4.1.1 The user is obliged to fully familiarize himself with this agreement before registering on the Service. Registration of the User on the Service means full and unconditional acceptance by the User of the terms of this agreement and is recognized as acceptance.

4.1.2 The User undertakes not to take actions that may be considered as violating Russian law or international law, including in the field of intellectual activity, copyright and / or related rights, as well as any actions that lead or may lead to disruption of the normal operation of the Service.

4.1.3 The user is obliged at least once a month to familiarize himself with the current content of this agreement, posted at   https://retell.cc/info/user-agreement .

4.1.4 The User undertakes not to transfer passwords and logins used to access the Service to third parties, to ensure the confidentiality of their storage. In case of unauthorized access to the Service using the User's account, the User is obliged to immediately inform the Service Administration about it.

4.1.5 The Service is protected by the legislation of the Russian Federation on intellectual activity and the norms of international law, all exclusive rights to the Service, accompanying materials and any copies thereof, belong to the Service Administration. The right to use the Service is granted to the User solely on the terms and to the extent specified in this agreement. The use of the Service, as well as its content, design elements, text, graphics, program codes, databases and other objects of copyright available to the User, is possible only within the Service and its functionality.

In this regard, the User undertakes not to use software that automatically downloads and processes (disassembles) the Web pages of the Service in order to obtain the necessary data (not to `` parse '' the web pages of the Service).

4.1.6 The User has the right to access the Service at any time, except for the time of maintenance and other technical work.

4.1.7 The User has the right to use the Service within its functionality and on the terms established by this agreement.

4.1.8   The User has the right to independently change the password without notifying the Service Administration, if such functionality is provided by the Service.

4.1.9   The User has the right at any time to apply for the deletion of the User's account and information stored in the Service. The deletion of the User's account and information stored on the Service is made within seven days from the date of receipt of the application. When deleting an account, the funds paid by the User are non-refundable.

From the moment the User's account is deleted, this agreement is considered terminated.

4.1.10   The user bears other rights and obligations established by this agreement.

4.2 Rights and obligations of the Service Administration.

4.2.1 The Service Administration is obliged to provide the User with access to the Service no later than five working days from the date of the User's registration on the Service.

4.2.2 The Service Administration undertakes to ensure the operation of the Service in accordance with the terms of this agreement around the clock, seven days a week, including weekends and holidays, except for the time of preventive and other technical work.

4.2.3 The Service Administration undertakes to ensure the safety of the User's data posted on the Service within ninety calendar days from the last use by the User of any of the paid services of the Service, unless otherwise caused by failures of a third party - the cloud storage of the Service.

4.2.4 The Service Administration has the right to suspend the operation of the Service to carry out the necessary scheduled preventive and repair work on the technical resources of the Service Administration, as well as unscheduled work in emergency situations, notifying the User about this by posting the relevant information on the website https: // console .retell.cc /. This information is posted on the site only if it is technically possible for this.

4.2.5 The Service Administration has the right to interrupt the operation of the Service if this is due to the inability to use information and transport channels that are not the Service Administration's own resources, or the action and / or inaction of third parties, if this directly affects the operation of the Service, including number in case of an emergency.

4.2.6 The Service Administration has the right to update the content, functionality and user interface of the Service at any time at its sole discretion.

4.2.7 The Service Administration has the right to change the amount of the license fee unilaterally, notifying the User in advance (7 calendar days in advance) by posting the relevant information on the tariff page in the public domain.

4.2.8 The Service Administration has the right to block and / or delete the User's account, including all the information content of the User's account without notifying the User and explaining the reasons in case of non-use of the paid services of the Service within ninety calendar days, as well as in case of violation of the terms by the User present agreement. In case of blocking or deletion of the User's account due to violation of the terms of this agreement, the funds received from the User are not refundable.

From the date of account suspension and / or deletion, this agreement is terminated.

4.2.9. The Service Administration has the right to indicate the company represented by the User as a client in its own promotional, advertising materials.

4.2.10. The Service Administration bears other rights and obligations established by this agreement.

5. Responsibility of the Parties and the procedure for resolving disputes

5.1 For violation of obligations under the agreement, the Parties are liable in accordance with the current legislation of the Russian Federation.

At the same time, the responsibility of the Service Administration to the User in case of a claim for damages is limited to the amount of the license fee paid by the User for the last thirty calendar days preceding the violation by the Service Administration of its obligations under this agreement.

In case of violation by the User of the rules for using the Service established by this agreement, he undertakes, at the request of the Service Administration, to reimburse all damages in full.

5.2 The User is solely responsible to third parties for his actions related to the use of the Service, including if such actions lead to a violation of the rights and legitimate interests of third parties, as well as for compliance with the legislation of the Russian Federation when using the Service. The administration of the service is not responsible for any actions of the User that violate the rights and interests of third parties and / or the legislation of the Russian Federation or international law.

5.3 None of the Parties shall be liable for full or partial failure to fulfill any of its obligations if the failure is a consequence of force majeure circumstances that arose after the conclusion of the agreement and are beyond the control of the Parties. In case of force majeure circumstances for more than thirty days, any Party has the right to unilaterally refuse to fulfill its obligations under this agreement and terminate the agreement.

5.4 Since the rights to the Service are protected by copyright, the responsibility for copyright infringement occurs in accordance with the current legislation of the Russian Federation.

5.5 The Service Administration is not responsible for non-fulfillment or improper fulfillment of obligations under this Agreement, as well as for direct and indirect losses of the User, including lost profits and possible damage, arising, among other things, as a result of illegal actions of Internet users aimed at violating information security or the normal functioning of the Service; lack of Internet connections between the User's computer and the Service Administration server; the use of software and / or equipment that is not suitable for using the Service, for conducting actions by state and municipal authorities, as well as other organizations, within the framework of operational-search activities; the establishment of state regulation (or regulation by other organizations) of the economic activities of commercial organizations on the Internet and / or the establishment by the said entities of one-time restrictions that make it difficult or impossible to execute this Agreement; and other cases related to actions (inaction) of Internet users and / or other entities aimed at worsening the general situation with the use of the Internet and / or computer equipment that existed at the time of the conclusion of this Agreement.

5.6 In the event of disputes or disagreements arising from or related to this Agreement between the Parties, the Parties will take all measures to resolve them with the obligatory use of the pre-trial claim procedure. The claim procedure for resolving disputes is mandatory for the Parties (in accordance with Part 5 of Article 4 of the APC RF). The term for responding to a claim — ten calendar days from the date of receipt of the claim by the relevant Party.

5.7 If it is impossible to resolve differences through negotiations, they are subject to consideration:

- in the Arbitration Court of Omsk   and Omsk   regions, if the User is a legal entity or an individual entrepreneur;

- in accordance with the rules of jurisdiction of the dispute in the Judicial District No. 92-98   g. Omsk (magistrate) or in the Omsk District Court of Omsk, if the User is an individual.

6. Duration, amendment and termination of the agreement

6.1 This agreement comes into force from the date of acceptance and is valid until the Parties fully fulfill their obligations.

6.2 This agreement may be terminated early by mutual agreement of the Parties, as well as at the initiative of the Service Administration in case of violation by the User of the terms of this agreement without returning any funds to the latter.

6.3 Since this agreement is an offer, and by virtue of the current civil legislation of the Russian Federation, the Service Administration has the right to withdraw the offer in accordance with Art. 436 of the Civil Code of the Russian Federation. If this agreement is withdrawn during its term, this agreement is considered terminated from the date of withdrawal. The review is carried out by posting the relevant information on the site.

6.4 The Administration of the Service has the right to unilaterally amend the terms of service of the Service and / or this agreement by posting information about this on the site in the public domain and making changes to this agreement.

These changes in the terms of this agreement come into force from the date of their publication, unless otherwise specified in the relevant publication. Continued use of the Service by the User after making changes and / or additions to the Agreement means acceptance and consent of the User with such changes and / or additions.

7. Other conditions

7.1 Except for the guarantees expressly specified in the text of this agreement, the Service Administration does not provide any other guarantees.

7.2 The Parties recognize any information relating to the execution of this agreement as a commercial secret and undertake to strictly maintain the confidential nature of such information, not disclosing it to third parties, unless it is necessary for the purposes of the agreement or for disclosure to the relevant state authorities in cases defined by law. This provision does not apply to publicly known or publicly available information.

7.3 Each of the Parties undertakes to ensure the confidentiality of information about the means of identification, authentication and obtaining access rights (login, password, etc.) to their own e-mail. Each of the Parties independently bears any risks and consequences arising from the disclosure, distribution or misuse of the above confidential information caused by the fault (including negligence) of such a Party, its employees and / or representatives who had access to such information. The Party that has unauthorized disclosure of information is obliged to immediately (no later than the next business day) notify the other Party in writing.

7.4 The Parties have agreed that when executing this agreement, it is allowed to use the signatures of the representatives of the Parties, as well as their seals using mechanical or other copying, electronic digital signature or other analogue of the handwritten signature of the heads and seals of organizations. The Parties confirm that the annexes to this agreement, signed and executed in the manner specified in this clause, are legally binding and binding on the Parties.

Correspondence of the Parties related to the implementation of the agreement can be carried out by e-mail. When considering disputes in court, the correspondence of the Parties by e-mail will be recognized by the Parties as sufficient evidence.

7.5 By agreeing to the terms and conditions of this offer by accepting it, the User guarantees that he concludes this agreement voluntarily, has read all its terms and accepts them, has all the rights and powers necessary to conclude and execute this agreement.

Address and details of the Service Administration.

LLC "Спички"
Legal address: 644074, Omsk, Komarova avenue, 21k1, office 103
Postal address: 644074, Omsk, Komarova avenue, 21k1, office 102

PSRN: 1195543016965

INN: 5507270772

Checkpoint: 550701001

Bank: BRANCH " NOVOSIBIRSKY " JSC " ALFA-BANK "

BIC: 045004774

Account number: 40702810623340001573

Cor. account: 30101810600000000774

Currency: Rubles

Email: support@retell.cc

 
 
Version of the document from 23.07.2020