User Agreement
This is a translation provided for convenience. The Russian version is the authoritative legal text.
1. General provisions of the User Agreement
1.1. Terms and definitions
a) Software — the UniMessenger software suite;
b) User — a legally capable individual who has joined this Agreement in their own interest or who acts on behalf of and in the interest of the legal entity they represent;
c) Service — the set of services and license provided to the User through use of the Software;
d) Agreement — this agreement together with all addenda and amendments.
1.2. Formation of the contract
Use of the Software within the scope of its functionality forms a contract on the terms of this Agreement pursuant to Articles 437 and 438 of the Civil Code of the Russian Federation.
1.3. Acceptance of terms
By using the Software, the User confirms that:
a) They have read the Agreement in full prior to using the Software.
b) They accept all terms of the Agreement in full, without exceptions or limitations, and undertake to comply with them or to cease using the Software. If consent is absent or the right to enter into the contract is absent, all use of the Software must be discontinued immediately.
c) The Agreement may be amended by the Administration without separate notice. The new version takes effect from the moment of posting on the Administration's website or otherwise being brought to the User's attention, unless the new version of the Agreement states otherwise.
2. General conditions for using the Software
2.1. User responsibility
The User is solely responsible to third parties for their actions related to use of the Service, including any such actions that lead to infringement of third-party rights and legitimate interests, and for compliance with applicable law while using the Service.
2.2. Communication of conditions
The technical, organizational and commercial conditions of using the Software, including its functionality, are communicated to Users by separate posting on the website or by direct notification.
2.3. Login and password
The login (email) chosen by the User is sufficient and necessary information for access to the Service. The User is not entitled to share their login and password with third parties, is fully responsible for keeping them safe, and independently chooses how to store them.
2.4. Usage restrictions
The Administration is entitled to set restrictions on use of the Service for all Users or for individual categories of Users.
2.5. Information messages
The Administration may send information messages to its users. Pursuant to Part 1 of Article 18 of the Federal Law "On Advertising", the User consents to receive promotional messages. The User may opt out of promotional messages using the relevant feature of the service through or in connection with which the messages were received.
2.6. Prohibited actions
When using the Service, the User may not:
2.6.1. Prohibition of illegal content
Upload, send, transmit, or otherwise post and/or distribute content that is unlawful, harmful, defamatory, offensive to morality; that demonstrates (or promotes) violence and cruelty; that infringes intellectual property rights; that propagates hatred and/or discrimination on racial, ethnic, gender, religious, or social grounds; that contains insults against any persons or organizations; that contains elements of (or promotes) pornography, child erotica; that constitutes advertising of (or promotes) sexual services (including under the guise of other services); or that explains the manufacture, application or other use of narcotic substances or analogs, explosives, or weapons.
2.6.2. Infringement of third-party rights
Infringe third-party rights, including those of minors, and/or harm them in any form.
2.6.3. Impersonation
Impersonate another person or representative of an organization and/or community without sufficient rights to do so, including employees of the Service, forum moderators, or the site owner; or use any other forms or methods of unlawful representation of others online; or mislead users or the Service about the properties and characteristics of any subjects or objects.
2.6.4. Lack of rights to content
Upload, send, transmit, or otherwise post and/or distribute content for which the User lacks the rights to do so under applicable law or any contractual relationship.
2.6.5. Spam and unsolicited promotion
Upload, send, transmit, or otherwise post and/or distribute promotional information not specifically permitted, spam (including search-engine spam), other people's email address lists, pyramid schemes, multi-level (network) marketing (MLM), online-earnings systems, e-mail businesses, chain letters; or use the Service to participate in such activities.
2.6.6. Harmful materials
Upload, send, transmit, or otherwise post and/or distribute any materials containing viruses or other computer code, files or programs designed to disrupt, destroy, or limit the functionality of any computer or telecommunications equipment or software; or to gain unauthorized access; nor distribute serial numbers for commercial software products or programs that generate them, logins, passwords, or other tools for unauthorized access to paid resources online; or post links to such information.
2.6.7. Collection of personal data
Collect and store personal data of other persons without authorization.
2.6.8. Disruption of the service
Disrupt the normal operation of websites and services of the Service Administration.
2.6.9. Facilitation of violations
Facilitate actions aimed at violating the restrictions and prohibitions of this Agreement.
2.6.10. Other violations
Otherwise violate the rules of law, including the rules of international law.
3. License to use the Software and permissible use
3.1. License terms
The key (license) issued to the User upon purchase of full access to the Software may only be used on one computer and may not be transferred to other Users.
3.2. Responsibility for distributing information
The Administration is not responsible for distributing information that is directly prohibited by law — primarily extremist materials, information on drugs and how to manufacture them, pornographic materials, and so on.
4. User warranties
4.1. Obligation to comply
When using the Service, the User undertakes to comply with the requirements of the law and of this User Agreement.
5. License for user materials
5.1. Responsibility for content
The User is solely responsible for the conformity of the content they post with the requirements of applicable law, including liability to third parties where the User's posting or content infringes third-party rights and legitimate interests, including personal non-property rights of authors, other intellectual property rights of third parties, and/or affects their non-material benefits.
5.2. No obligation to review content
The User acknowledges and agrees that the Service is not obligated to review content of any kind posted and/or distributed by the User via the Software, and that the Service has the right (but not the obligation) to refuse, at its discretion, to allow the User to post and/or distribute content. The User acknowledges and agrees that they must independently assess all risks associated with using content, including assessments of reliability, completeness or usefulness.
6. Limitations
6.1. Use at own risk
The User uses the Service at their own risk. Services are provided "as is". UniMessenger assumes no responsibility, including for the suitability of the services for the User's purposes.
6.2. No warranties
UniMessenger does not warrant that: the services meet/will meet the User's requirements; the services will be provided uninterruptedly, quickly, reliably, and without errors; results obtained using the services will be accurate and reliable and may be used for any purpose or in any capacity (for example, to establish and/or confirm any facts); the quality of any product, service, information, etc. obtained through the services will meet the User's expectations.
6.3. Materials used at own risk
Any information and/or materials (including downloaded software, letters, instructions and guides, etc.) accessed by the User using the Service may be used by the User at their own risk, and the User is solely responsible for the consequences of using such information and/or materials, including damage to the User's computer or to third parties, loss of data, or any other harm.
6.4. No liability for losses
UniMessenger is not liable for any losses arising from the User's use of the Service or of individual parts/features of the services.