Offer Contract
October 1, 2020
This agreement is an offer of Individual Entrepreneur Artyom Andreev, OGRNIP 315774600154772, TIN 774330672749, hereinafter referred to as the Contractor, to the User (any individual or legal entity), hereinafter referred to as the Customer. This Agreement shall be recognized as concluded from the moment of its acceptance by the Customer. By concluding the present contract, the Customer also accepts the Rules of using additional Aitify features, the text of which is placed by the Executor in the Internet on the page https://aitify.tech.
1. TERMS AND DEFINITIONS
1.1 Program - Aitify computer program (hereinafter referred to as Aitify) as a whole and its components, which is a set of data and commands represented in objective form, including source code, database, audiovisual works included in the Program, as well as any documentation on its use.
1.2 User/Customer - a legal entity, an individual entrepreneur, an adult and legally capable natural person who is a tax payer of professional income tax, who has made an acceptance and concluded this Agreement with the Contractor in his/her interests.
1.3 Acceptance - for the purposes of this Agreement is recognized as the fact of payment of the Contractor's remuneration under this Agreement in the order, terms and on the terms defined by this Agreement.
2. GENERAL PROVISIONS
2.1 In accordance with clause 2 of Article 437, paragraph 2 of the Civil Code of the Russian Federation (CC RF), this Agreement is a Public offer and contains all material terms and conditions of the Service Agreement.
2.2 In accordance with paragraph 3 of Article 438 of the Civil Code of the Russian Federation, payment for services by the Customer is an unconditional acceptance of the Public Offer and shall be deemed equivalent to the conclusion of the Agreement in writing on the terms and conditions set forth in this Public Offer.
2.3 The Contract is considered to be concluded on the terms and conditions of the current Public offer from the moment of receipt by the Contractor of the amount paid by the Customer for the services in the order stipulated in Section 4 of this Agreement.
2.4 The terms and conditions of this Agreement are universal, equally binding for all Customers and cannot be changed for one of them.
2.5 As an information intermediary, the Contractor shall fulfill its duties and bear responsibility in accordance with Article 1253.1 of the Civil Code of the Russian Federation.
2.6 The Customer notifies the Executor that the information transferred by the Customer to the Executor for the execution of the Agreement and used by the Customer after access to the Program: personal data, audio and video, text content, is obtained legally, permissions for processing are claimed and obtained, the Customer does not violate the rights of third parties, including exclusive rights to the results of intellectual activity.
3. SUBJECT OF THE AGREEMENT
3.1 Within the framework of the present Agreement the Customer entrusts the Contractor to render services (perform certain actions) to the Customer to provide the Customer with an opportunity to get access to the opportunities, the list of which is given in Appendix 1 to the present Agreement, using the Program interface, and the Customer undertakes to pay for the mentioned services in the order and terms specified in clauses 4.1 and 4.2 of the present Agreement. 4.1. and 4.2. of this Agreement.
3.2 The Agreement is a contract with performance on demand within the meaning of Article 429.4 of the Civil Code of the Russian Federation with regard to providing the Customer with access to the Software. The Customer's failure to use the access to the Software shall not mean failure to provide the Services.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES TO THE AGREEMENT
4.1 The Contractor shall:
4.1.1. Within one working day from the moment of receipt of the remuneration provide (open) access to the Customer to the interface of the Software, by means of which the Customer may use the features, the list of which is given in Appendix 1 to this Agreement.
4.1.2 Ensure confidentiality of the Customer's data.
4.1.3. Publish official notices related to the provision of services on the Contractor's Website.
4.2 The Contractor has the right:
4.2.1 Unilaterally make changes in the cost of the Services, as well as change the conditions of the Service, notifying the Customer at least 15 (fifteen) calendar days prior to the forthcoming change by calling the Customer's representatives and sending the relevant notice to the Customer's personal account.
4.2.2 Change the terms and conditions of this Public offer without prior agreement with the Customer, ensuring the publication of changes on the Contractor's website, at least 3 (three) working days before their entry into force, unless this Offer for individual changes is not established a different procedure for bringing to the attention of the Customer.
4.3 The Customer undertakes:
4.3.1 Accept and pay for the services rendered by the Contractor on the terms and conditions of the Agreement and its Appendices (if any).
4.3.2 To familiarize himself with the content of the Contract, tariffs, services offered by the Contractor on the Website prior to the moment of conclusion of the Contract.
4.3.3 Take all necessary actions to ensure security of its own access to the Internet, ensure confidential storage and prevent compromise of its passwords, logins, user names in order to prevent their unauthorized use, use secure passwords, maintain up-to-date virus protection software on the computer and be vigilant against spam, phishing and other attempts to gain unauthorized access to the software. The Customer shall bear the risks of realization of information security threats independently. In case of information security violations, the Customer shall immediately provide the Executor with all available information about the source and nature of violations and take necessary measures to prevent illegal activities, including suspension of the Service consumption until the causes of information security violation are eliminated.
4.3.4 Do not use the Program for purposes prohibited by law or for purposes that violate the rights of third parties.
4.3.5. Not to transfer its rights and obligations under the Agreement to third parties.
4.3.6 Obtain consent to the processing and transfer of personal data from the interested parties to the Contractor in accordance with the current legislation of the Russian Federation.
4.4 The Customer is entitled:
4.3.1 Within the limits of the remuneration paid, to access the interface of the Program, by means of which he can use the features, the list of which is given in Appendix 1 to this contract.
5. REMUNERATION OF THE CONTRACTOR
5.1 The cost of the Services is determined by the Executor's tariff valid at the moment of acceptance of this Public offer by the Customer.
The Contractor's tariffs are posted on the website https://aitify.tech.
5.2 Payment for the services is made on the terms of 100% prepayment of the tariff for the billing period not later than on the 1st day of the billing period in non-cash order by transferring funds to the Executor's settlement account specified in this Agreement.
The settlement period under the Contract is a calendar month.
The date of payment is the day of receipt of funds to the Contractor's settlement account specified in this Contract.
5.3 In case of termination of this Agreement-Offer, the unused funds shall be returned by the Contractor to the Customer within 10 (ten) working days after the Customer's application to the Contractor. Refund
is made to the client's card, from which the payment was made.
5.4 In accordance with the legislation of the Russian Federation, the Customer has the right to refuse the ordered goods (including software) at any time prior to its receipt. It is impossible to return the software after receiving it due to the fact that the Customer acquires the right to use the goods, which belongs to the objects of copyright and is protected as a literary work (Civil Code of the Russian Federation, Part 4, Article 1259). The software is a periodical electronic publication, and non-periodical publications, in accordance with the Law on Protection of Consumer Rights of the Russian Federation (Ch. 2, Art. 25) refer to the list of non-food products that are not subject to return or exchange (in edition of the Decrees of the Government of the Russian Federation from 20.10.1998 № 1222, 06.02.2002 № 81).
6. PERIOD OF VALIDITY
6.1 The present contract comes into force from the moment of acceptance of the conditions of the present contract, confirmed by the payment of the invoice issued by the Contractor to the Customer, and is valid till the full fulfillment of the obligations stipulated by the present contract by the parties.
6.2 The date of conclusion of the present contract is the day of receipt of payment on the invoice issued by the Contractor to the Customer to the bank account of the Contractor.
6.3 If the Customer has access to the service specified in clause 3.1 of this Agreement, the service shall be deemed accepted and rendered to the Customer in accordance with this Agreement in full and properly.
.
7. RESPONSIBILITY
7.1 For non-fulfillment or improper fulfillment of obligations under this Agreement, the Client and the Contractor shall be liable in accordance with the laws of the Russian Federation.
7.2 The Executor shall not be liable for the Customer's inability to use any of the features listed in Appendix 1 to this Agreement, access to which is provided under this Agreement, for reasons beyond the Executor's control.
7.3 The Executor is not responsible for the content, reliability, legality and completeness of the information received by the Customer as a result of using any of the opportunities, the list of which is given in Appendix 1 to this Agreement, access to which is provided under this Agreement.
7.4 The Contractor shall not be liable for the Customer's actions and decisions made on the basis of the information received by the Customer when using any of the opportunities listed in Appendix 1 to this Agreement, access to which is provided under this Agreement, their consequences, as well as direct and indirect losses, including lost profits, resulting from the use of these opportunities.
7.5 The Contractor does not control and is not responsible for third party websites, which the User can access via links available on the Aitify website.
8. FINAL PROVISIONS
8.1 For all other issues not directly regulated by this Agreement, the relations arising between the Customer and the Contractor shall be regulated by the legislation of the Russian Federation and the norms of international law.
8.2 The Parties undertake to settle all disputes and disagreements arising in the process of fulfillment of obligations under the Contract by means of negotiations, as well as in the claim procedure.
8.3 If the Customer has a claim or objections regarding the rendered services, the Customer has the right to send a written claim:
8.3.1. In electronic form - to the Contractor's e-mail address: artem@botsarmy.tech, specifying the name or surname of the Customer, with attached evidence, including in the form of scanned copies of documents substantiating the claim for the services rendered, or
8.3.2 On paper with the original signature of the Customer - to the postal address of the Contractor: 125445, Moscow, Belomorskaya St., 1, with attachment of the documents specified in clause 8.3.1 of this Agreement.
8.4 The term of consideration by the Contractor of the Customer's written claim is 10 (ten) working days from the day of its receipt. The response to the claim shall be sent in writing to the Customer's e-mail address specified in the letter sent or in the claim itself (if the claim was submitted in electronic form) or to the postal address specified in the written claim (if the claim was submitted in the form specified in clause 8.3.2. hereof).
8.5 In case of impossibility to settle claims, in case of failure to reach an agreement on disputable issues between the Parties, their consideration and resolution shall be carried out in court in accordance with the current legislation of the Russian Federation.
8.6 The Agreement comes into force from the moment of acceptance of its terms by the Customer (acceptance of the Public offer) and is valid for an indefinite period of time.
8.7 The Customer has the right to refuse the Contractor's services in accordance with the legislation of the Russian Federation.
Update date: 18.04.2025
This agreement is an offer of Individual Entrepreneur Artyom Andreev, OGRNIP 315774600154772, TIN 774330672749, hereinafter referred to as the Contractor, to the User (any individual or legal entity), hereinafter referred to as the Customer. This Agreement shall be recognized as concluded from the moment of its acceptance by the Customer. By concluding the present contract, the Customer also accepts the Rules of using additional Aitify features, the text of which is placed by the Executor in the Internet on the page https://aitify.tech.
1. TERMS AND DEFINITIONS
1.1 Program - Aitify computer program (hereinafter referred to as Aitify) as a whole and its components, which is a set of data and commands represented in objective form, including source code, database, audiovisual works included in the Program, as well as any documentation on its use.
1.2 User/Customer - a legal entity, an individual entrepreneur, an adult and legally capable natural person who is a tax payer of professional income tax, who has made an acceptance and concluded this Agreement with the Contractor in his/her interests.
1.3 Acceptance - for the purposes of this Agreement is recognized as the fact of payment of the Contractor's remuneration under this Agreement in the order, terms and on the terms defined by this Agreement.
2. GENERAL PROVISIONS
2.1 In accordance with clause 2 of Article 437, paragraph 2 of the Civil Code of the Russian Federation (CC RF), this Agreement is a Public offer and contains all material terms and conditions of the Service Agreement.
2.2 In accordance with paragraph 3 of Article 438 of the Civil Code of the Russian Federation, payment for services by the Customer is an unconditional acceptance of the Public Offer and shall be deemed equivalent to the conclusion of the Agreement in writing on the terms and conditions set forth in this Public Offer.
2.3 The Contract is considered to be concluded on the terms and conditions of the current Public offer from the moment of receipt by the Contractor of the amount paid by the Customer for the services in the order stipulated in Section 4 of this Agreement.
2.4 The terms and conditions of this Agreement are universal, equally binding for all Customers and cannot be changed for one of them.
2.5 As an information intermediary, the Contractor shall fulfill its duties and bear responsibility in accordance with Article 1253.1 of the Civil Code of the Russian Federation.
2.6 The Customer notifies the Executor that the information transferred by the Customer to the Executor for the execution of the Agreement and used by the Customer after access to the Program: personal data, audio and video, text content, is obtained legally, permissions for processing are claimed and obtained, the Customer does not violate the rights of third parties, including exclusive rights to the results of intellectual activity.
3. SUBJECT OF THE AGREEMENT
3.1 Within the framework of the present Agreement the Customer entrusts the Contractor to render services (perform certain actions) to the Customer to provide the Customer with an opportunity to get access to the opportunities, the list of which is given in Appendix 1 to the present Agreement, using the Program interface, and the Customer undertakes to pay for the mentioned services in the order and terms specified in clauses 4.1 and 4.2 of the present Agreement. 4.1. and 4.2. of this Agreement.
3.2 The Agreement is a contract with performance on demand within the meaning of Article 429.4 of the Civil Code of the Russian Federation with regard to providing the Customer with access to the Software. The Customer's failure to use the access to the Software shall not mean failure to provide the Services.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES TO THE AGREEMENT
4.1 The Contractor shall:
4.1.1. Within one working day from the moment of receipt of the remuneration provide (open) access to the Customer to the interface of the Software, by means of which the Customer may use the features, the list of which is given in Appendix 1 to this Agreement.
4.1.2 Ensure confidentiality of the Customer's data.
4.1.3. Publish official notices related to the provision of services on the Contractor's Website.
4.2 The Contractor has the right:
4.2.1 Unilaterally make changes in the cost of the Services, as well as change the conditions of the Service, notifying the Customer at least 15 (fifteen) calendar days prior to the forthcoming change by calling the Customer's representatives and sending the relevant notice to the Customer's personal account.
4.2.2 Change the terms and conditions of this Public offer without prior agreement with the Customer, ensuring the publication of changes on the Contractor's website, at least 3 (three) working days before their entry into force, unless this Offer for individual changes is not established a different procedure for bringing to the attention of the Customer.
4.3 The Customer undertakes:
4.3.1 Accept and pay for the services rendered by the Contractor on the terms and conditions of the Agreement and its Appendices (if any).
4.3.2 To familiarize himself with the content of the Contract, tariffs, services offered by the Contractor on the Website prior to the moment of conclusion of the Contract.
4.3.3 Take all necessary actions to ensure security of its own access to the Internet, ensure confidential storage and prevent compromise of its passwords, logins, user names in order to prevent their unauthorized use, use secure passwords, maintain up-to-date virus protection software on the computer and be vigilant against spam, phishing and other attempts to gain unauthorized access to the software. The Customer shall bear the risks of realization of information security threats independently. In case of information security violations, the Customer shall immediately provide the Executor with all available information about the source and nature of violations and take necessary measures to prevent illegal activities, including suspension of the Service consumption until the causes of information security violation are eliminated.
4.3.4 Do not use the Program for purposes prohibited by law or for purposes that violate the rights of third parties.
4.3.5. Not to transfer its rights and obligations under the Agreement to third parties.
4.3.6 Obtain consent to the processing and transfer of personal data from the interested parties to the Contractor in accordance with the current legislation of the Russian Federation.
4.4 The Customer is entitled:
4.3.1 Within the limits of the remuneration paid, to access the interface of the Program, by means of which he can use the features, the list of which is given in Appendix 1 to this contract.
5. REMUNERATION OF THE CONTRACTOR
5.1 The cost of the Services is determined by the Executor's tariff valid at the moment of acceptance of this Public offer by the Customer.
The Contractor's tariffs are posted on the website https://aitify.tech.
5.2 Payment for the services is made on the terms of 100% prepayment of the tariff for the billing period not later than on the 1st day of the billing period in non-cash order by transferring funds to the Executor's settlement account specified in this Agreement.
The settlement period under the Contract is a calendar month.
The date of payment is the day of receipt of funds to the Contractor's settlement account specified in this Contract.
5.3 In case of termination of this Agreement-Offer, the unused funds shall be returned by the Contractor to the Customer within 10 (ten) working days after the Customer's application to the Contractor. Refund
is made to the client's card, from which the payment was made.
5.4 In accordance with the legislation of the Russian Federation, the Customer has the right to refuse the ordered goods (including software) at any time prior to its receipt. It is impossible to return the software after receiving it due to the fact that the Customer acquires the right to use the goods, which belongs to the objects of copyright and is protected as a literary work (Civil Code of the Russian Federation, Part 4, Article 1259). The software is a periodical electronic publication, and non-periodical publications, in accordance with the Law on Protection of Consumer Rights of the Russian Federation (Ch. 2, Art. 25) refer to the list of non-food products that are not subject to return or exchange (in edition of the Decrees of the Government of the Russian Federation from 20.10.1998 № 1222, 06.02.2002 № 81).
6. PERIOD OF VALIDITY
6.1 The present contract comes into force from the moment of acceptance of the conditions of the present contract, confirmed by the payment of the invoice issued by the Contractor to the Customer, and is valid till the full fulfillment of the obligations stipulated by the present contract by the parties.
6.2 The date of conclusion of the present contract is the day of receipt of payment on the invoice issued by the Contractor to the Customer to the bank account of the Contractor.
6.3 If the Customer has access to the service specified in clause 3.1 of this Agreement, the service shall be deemed accepted and rendered to the Customer in accordance with this Agreement in full and properly.
.
7. RESPONSIBILITY
7.1 For non-fulfillment or improper fulfillment of obligations under this Agreement, the Client and the Contractor shall be liable in accordance with the laws of the Russian Federation.
7.2 The Executor shall not be liable for the Customer's inability to use any of the features listed in Appendix 1 to this Agreement, access to which is provided under this Agreement, for reasons beyond the Executor's control.
7.3 The Executor is not responsible for the content, reliability, legality and completeness of the information received by the Customer as a result of using any of the opportunities, the list of which is given in Appendix 1 to this Agreement, access to which is provided under this Agreement.
7.4 The Contractor shall not be liable for the Customer's actions and decisions made on the basis of the information received by the Customer when using any of the opportunities listed in Appendix 1 to this Agreement, access to which is provided under this Agreement, their consequences, as well as direct and indirect losses, including lost profits, resulting from the use of these opportunities.
7.5 The Contractor does not control and is not responsible for third party websites, which the User can access via links available on the Aitify website.
8. FINAL PROVISIONS
8.1 For all other issues not directly regulated by this Agreement, the relations arising between the Customer and the Contractor shall be regulated by the legislation of the Russian Federation and the norms of international law.
8.2 The Parties undertake to settle all disputes and disagreements arising in the process of fulfillment of obligations under the Contract by means of negotiations, as well as in the claim procedure.
8.3 If the Customer has a claim or objections regarding the rendered services, the Customer has the right to send a written claim:
8.3.1. In electronic form - to the Contractor's e-mail address: artem@botsarmy.tech, specifying the name or surname of the Customer, with attached evidence, including in the form of scanned copies of documents substantiating the claim for the services rendered, or
8.3.2 On paper with the original signature of the Customer - to the postal address of the Contractor: 125445, Moscow, Belomorskaya St., 1, with attachment of the documents specified in clause 8.3.1 of this Agreement.
8.4 The term of consideration by the Contractor of the Customer's written claim is 10 (ten) working days from the day of its receipt. The response to the claim shall be sent in writing to the Customer's e-mail address specified in the letter sent or in the claim itself (if the claim was submitted in electronic form) or to the postal address specified in the written claim (if the claim was submitted in the form specified in clause 8.3.2. hereof).
8.5 In case of impossibility to settle claims, in case of failure to reach an agreement on disputable issues between the Parties, their consideration and resolution shall be carried out in court in accordance with the current legislation of the Russian Federation.
8.6 The Agreement comes into force from the moment of acceptance of its terms by the Customer (acceptance of the Public offer) and is valid for an indefinite period of time.
8.7 The Customer has the right to refuse the Contractor's services in accordance with the legislation of the Russian Federation.
Update date: 18.04.2025