User agreement on conditions for using IntelliVPN service

Revision 12/2016-2 of December 3, 2016

Terms of agreement on conditions for using IntelliVPN service (hereinafter - the Agreement) - the offer addressed to the public and presented in this document.

In accordance with Article 437 of the Civil law of the Russian Federation, this document is addressed to individuals (hereinafter - the User/Users), is the official, public and irrevocable offer of the Limited Liability Company "IntelliCode Rus" (hereinafter - the Company), to conclude this Agreement as part of providing information and communications services, and the use of information and communication technologies provided via IntelliVPN service (hereinafter - service), on the conditions set out below.

Hereby, the services, users have read, understood, accepted and comply with this Agreement.

Any user is considered as such from the time of registration, or other actions related to the use of the Service, or the Service features, and until the termination of the parties' obligations on the grounds provided by the legislation of the Russian Federation.

1. The terms and definitions used in the Agreement

1.1. In this Agreement, the terms and definitions are as follows:

1.1.1. Terms of service and conditions of using IntelliVPN - (hereinafter user agreement, offer) - offer addressed to the public and presented in this document with the possible insertion periodically changes, additions and amendments.

1.1.2. Privacy Policy - Privacy Policy, posted on the Internet at the following address: intellivpn.net/privacy_policy.html.

1.1.3. User - any individual person, an individual entrepreneur or legal entity (a representative of a legal entity), voluntarily acceded to this Agreement by registration and (or) other actions for the use of the Service Site.

1.1.4. User Data - personal information (including name, surname, patronymic, date of birth, address, telephone number, email address), voluntarily and knowingly provided by the user when creating the account, and (or) in the course of using the Service, and the need to perform user agreement, by which the user is the beneficiary, as well as access of the user to the Service and website features. This leaves the user's surname, first name, patronymic; Parties to the Agreement consider it an alias.

1.1.5. User Identification - documentary evidence of the User's identity using the unique for each user’s name and password.

1.1.6. The company - duly registered legal entity, "IntelliCode Rus" Limited Liability Company (BIN 1165476165953, INN 5408011826) with registered address: 6/1 Akademika Lavrentyeva St., Office 1104, Novosibirsk, Russian Federation, 630090, uses site with addresses, intellivpn.net, intellivpn.io.

1.1.7. Site - any of the automated information systems of the Company, relating to providing service available in the Internet network addresses in these domains (including sub-domains): intellivpn.net, intellivpn.io. The site is an integral part of the Service.

1.1.8. Personal account - a personal profile on the website at the following address intellivpn.net or intellivpn.io, to which the user can access after registration and (or) authorization on the Site. A personal account is designed to store personal data of the User, viewing statistics, views and manage the available functionality of the Service, receive notifications, as well as for payment of the Service.

1.1.9. The device - a personal computer, tablet, mobile phone, personal digital assistance, smart-phone, other than a device that allows using the Service in accordance with its functional purpose.

1.1.10. Applications - computer programs (computer, tablet, mobile phone, personal digital assistance) and (or) a database, designed to provide access to services using devices for information purposes only.

1.1.11. Mobile application - software installed on the user's mobile device (smart-phone, tablet and other mobile devices), through which the User can access the service IntelliVPN. The current version of the mobile application is always available for download on the Service's website.

1.1.12. Tools - a set of services to provide users with access to a virtual private network (VPN) using the automated systems, computer programs, databases, and other software and hardware. With the help of the Service, users have access to the VPN-network servers located around the world.

1.1.13. Authorization data - data that would allow user authentication. By default, the authorization data are logins (basic and, if available, optional) and password. Other types of authorization data can be used in the cases provided for in this Agreement.

1.1.14. Login - a unique symbolic name for the User’s account.

1.1.15. Password - known only to the user as a unique sequence of digital and (or) alphabetic characters defined by the user and registered in the database service. The password is required to access the Service and user’s Account.

1.1.16. Services - a set of activities of the Company in relation to the user for the purpose of execution of the Contract.

1.1.17. Paid services agreement - an agreement governing the relationship between the Company and the User to provide services and from the moment of registration and (or) when the application is installed.

1.2. In this Agreement, other terms and definitions are not specified in section 1.1 but may be used. In this case, the interpretation of the term shall be in accordance with the text of the Agreement. In the absence of a clear interpretation of the term or definition in the text of the Agreement and other documents constituting an agreement on the terms of the Agreement, should be guided by its interpretation defined, first and foremost, the Russian Federation and in the future - business practice and scientific doctrine.

2. Guarantees and Assurances

2.1. The Company and the User hereby states and guarantees to the other that the date of the Agreement and during its validity:

2.1.1. It shall have full authority to enter this Agreement and the fulfillment of obligations undertaken by the Agreement;

2.1.2. All necessary steps has been taken to the conclusion and execution of the Agreement, and to ensure that the agreement was lawful, binding them and enforceable against its counterparty;

2.1.3. Do not exist, as far as known, unresolved legal issues, the threat of litigation or other circumstances that could have a negative impact on the part of the user agreement or its activities, the Agreement part has no violation of any essential provisions of a contract entered into by him or other agreement, there are no regulations, rulings and court decisions, arbitration court or other public authority, which may have a negative impact on the parties to the Agreement or its activities;

2.1.4. There are no provisions in the Russian legislation and other normative acts in the treaties binding on the parts of the Agreement or property that may disrupt or interfere with the signing or execution of the Agreement;

2.1.5. Fulfillments of obligations under the Agreement is an unconditional obligation on the side of the Agreement, which at least has the same priority as the other parts of the Agreement obligations;

2.1.6. All information and documents provided by the side of the Agreement to another side in connection with this Agreement are true, complete and accurate in all respects, and the Part of the Agreement does not hide any facts which, if they became known, could have an adverse effect the decision of the other parties to the agreement on the conclusion of the agreement;

2.1.7. Obligations under this part of the agreement are a legal, valid and binding agreement of the parties enforceable in accordance with the provisions of the Agreement.

2.2. Each party hereby acknowledges that concludes the agreement in reliance on representations and warranties provided by the other party and which are essential for it.

2.3. The user has enough information about the Company and its services to the extent necessary to select it as a counterparty to fulfill its obligations under the Agreement.

3. General provisions

3.1. The company offers its services to users and provides the right to use the Service subjected to the conditions set forth in this User Agreement.

3.2. Use of the Service, as well as any relationship between the user and the Company, directly or indirectly related to the use of the Service, are regulated by this user agreement.

3.3. This Agreement applies to all currently existing possibilities of the Service and Service sites, as well as any of their development and (or) the addition of new features, edit existing features.

3.4. Anyone using the Service or using any of its functionalities, thus expresses its unequivocal acceptance of all the terms of this Agreement, Privacy Policy and all the other conditions set out on the pages of the site, agree to abide by them, and in case of disagreement with any of the conditions immediately stop using the Service.

3.5. User acknowledges and agrees that nothing in the user agreement can be understood as establishment between the user and the company in any other relations, not expressly provided for in this User Agreement.

3.6. The Company reserves the right to change and (or) supplement this Agreement without any notice. The new edition comes into force from the moment of its placement on the page, unless otherwise provided by the new version of the User Agreement. The current version of the Agreement is always on the page at: https://intellivpn.net/terms_of_services.html. User's silence is considered as acceptance of the changes and (or) additions of the agreement.

3.7. This Agreement is governed by the legislation of the Russian Federation.

3.8. If the law of the country forbids the User to use the service, the Company recommends refraining from its use.

3.9. All possible disputes concerning the Agreement and the relationship between the User and the Company shall be resolved according to the norms of the Russian law in the court at the location of the Company unless otherwise expressly provided by the legislation of the Russian Federation.

3.10. Recognition by the court of any provision of this Agreement invalid or not enforceable does not entail invalidation of other provisions of the User Agreement.

3.11. Inaction on the part of the Company in case of violation of the terms of this User Agreement, Privacy Policy, as well as the conditions of use of certain services does not deprive the company the right to take appropriate action to protect its rights later and does not constitutes a waiver of the Company from their rights in case of subsequent or similar violations.

4. Terms of Services

4.1. In order to use certain functionality of the Service, the User must complete the registration procedure and (or) go through the authorization on the Site, which results in a unique account created.

4.2. The list of functional capabilities of the service, the use of which requires pre-registration and (or) the authorization shall be determined by the Company on their own, unilaterally. The User agrees with this procedure.

4.3. When registering user chooses a login name and a password to access his/her personal account. Subsequent changes to the user password are carried out on user’s private page. The Company has the right to unilaterally restrict the use of certain logins, as well as to establish a login and password requirements (length, allowed characters, etc).

4.4. User account information is stored and processed by the Company in accordance with our Privacy Policy.

4.5. To access the Service User agrees to provide accurate and complete information as prompted during registration and necessary for the performance of obligations by the Company, other users (depending on the situation). The User is obliged to keep this information up to date.

4.6. User acknowledges that this is applicable, and is not allowed to pass login and password to a third party and also has no right to receive a login and (or) password from a third party. The Company does not assume any responsibility for transactions between users.

4.7. User is obliged to immediately notify the Company of any unauthorized access to usernames, passwords, and (or) any breach of security personal account on the Service.

4.8. The Company is not responsible for the User's data, which user provides a third-party resource and (or) other third parties in case of changing service from the company website.

4.9. The Company is not responsible for any loss and (or) data corruption that can occur due to violations of the provisions of this User Agreement and the other agreements posted on the Service website, or improper access and (or) use of the Service.

4.10. The User is solely responsible for the security (resistance to guessing) password selected, as well as independently ensures the confidentiality of his/her password.

4.11. The user is solely responsible for all activities (and their consequences) in the framework or with the use of the Service and site of the Company under an account (login), including cases of voluntary transfer of User data to access the User's account to third parties on any terms (including treaties or agreements) without the consent of such with the Company and (or) in violation of the terms of the agreement. Moreover, all actions within or using the Service, the site of the Company under the user account are considered to be produced by the User, except in cases when the User has notified the Company of any unauthorized access to the personal account of the User with the use of User's account and (or) any violation (suspected violations) confidentiality of your password.

4.12. The Company reserves the right at any time to require the User to confirm the information specified in the registration, and (or) to request supporting documents (such as identity documents, documents confirming registration), the failure of which, at the Company's discretion, may be likened the provision of false information and lead to the consequences provided for by the Agreement. If the data the User specified in the submitted documents do not correspond to the data specified in the registration, and in this case where the data specified in the registration does not allow identifying the User, the company has the right to deny the User access to the account and (or) use of the Service, Company website. The User is obliged to provide all requested information and documents by the Company on the date specified by the Company.

4.13. The company has the right to block or delete the User's account as well as deny access using any certain account features of the Service and delete any content and information without giving any reason, including for violations of the Terms of this Agreement, Privacy Policy, and (or) the legislation of the Russian Federation. The fact that Users’ violations of the Terms of this Agreement and (or) the legislation of the Russian Federation are established by the Company unilaterally, independently. User agrees to this procedure and undertakes to fulfill the Company's decision.

4.14. The User may at any time delete account by using the appropriate function in the Personal account. The User acknowledges and agrees that the removal of the account may result in the inability to use the Service.

4.15. The User is solely responsible to third parties for the actions associated with the use of services of the company, including if such actions will lead to the violation of the rights and legitimate interests of third parties, as well as for non-compliance of Russian legislation when using the Services.

5. Restriction for the accuracy of liable obtained information

5.1. The Company does not verify the accuracy of information provided by the User during registration and (or) other actions associated with the use of Services and is not able to evaluate the User's legal capacity.

6. Restrictions on use of the Service

6.1. Service provided to the User "AS IS", without any representations, express or implied warranty. The company makes no warranty with respect to the error-free and uninterrupted operation of the Service, Compliance Service's specific objectives and (or) User's expectations, and (or) third parties and makes no other warranties not expressly set forth in this Agreement.

6.2. The Company does not guarantee that:

6.2.1. Service meets the requirements of the User and (or) will meet them in the future;

6.2.2. The service will be uninterrupted, timely, secure or error free;

6.2.3. The quality of any product, service, information and content obtained from the use of the Service will meet the specific objectives and (or) User's expectations, and (or) third parties.

6.3. To the maximum extent permitted by applicable law, the Company, as well as its partners, shall not be liable for any direct and (or) indirect consequences of any use or inability to use the Service and (or) loss (including actual damages, loss of profits) caused to the User, and (or) third parties as a result of any use, non-use or inability to use the Service or its individual components and (or) functions, including possible errors or failures in the Service.

6.4. The Company has a right to unilaterally, without prior notice to make changes related to the functional capabilities of the service. The consequence of this may be a change in the user interface, a set of custom tools for the use of the Service. The Company has a right without prior notification of the User, stop (permanently or temporarily) providing access to the Service or any particular of its functionality to all or specific users.

6.5. Actual Service coverage area, its speed, location and quality can vary depending on the conditions of use of the Service. The priority objective of the Company is to ensure the constant smooth operation of the Service. To achieve this goal, the Company shall immediately, as soon as possible, correct all the flaws, inconsistencies in the work of the Service. The User who has discovered in the course of using the Service, defect or software error, have the right to immediately notify the Company, with specific actions performed by the User immediately prior to such detection.

6.6. The connection speed with the server in the regions is approximate and does not equate to the speed with which the User sends or receives data. The actual rate will be determined by a combination of different factors included, but not limited to the configuration of network equipment and user productivity; speed of users connect to the Internet; the load on the Service Network.

6.7. The Company is not responsible for any loss of data that has not been delivered or have been canceled due to outages or performance issues with the Service, or the network connection services.

6.8. Any information and (or) materials (including downloadable software, writing, any instructions and a guide to action, etc.), access to which the User gets to use the Service, the User uses at his/her own risk and is solely responsible for the consequences of using such information and (or) materials, including the damage that such use may cause the software and (or) hardware of the User and (or) to third parties, for any loss of data or any other damage.

6.9. The Company does not assume any responsibility for the quality of content, compliance with applicable laws information received or transmitted by the User via the Service; for the User's use of paid services to other organizations, to which the User can access through the Service.

6.10. The Company is not responsible for any information, materials and information on third-party sites to which the User gains access to the use of the Service, including, for any opinions or statements expressed on third party sites, advertisements, etc., as well as the availability of such sites or the content and consequences of their use by the User.

6.11. The company assumes no liability for any legal or illegal actions of members committed through the use of the Service servers. The Company is not responsible for damage as a result of unlawful actions of the User damage.

6.12. The Company does not assume any responsibility for the quality of communication and (or) equipment provided by third parties.

6.13. The Company reserves the right at its discretion to impose restrictions on the use of the Service as a whole or its individual services, to suspend the operation of the Service, or block certain ways to use it on their own, unilaterally and without prior notice. The User agrees to this procedure and undertakes to fulfill the Company's decision.

6.14. The company has the right to refuse the User access to the Services if the Company has reasonable suspicion of involvement of users regardless of fraud and (or) any other illegal activity. The User agrees to this procedure and undertakes to fulfill the Company's decision.

6.15. By using the Service User may not:

6.15.1. Disrupt the normal operation of the Service;

6.15.2. Promote actions aimed at violation of the restrictions and prohibitions imposed by this Agreement;

6.15.3. Obtain unauthorized access or disrupt computer systems, networks or data;

6.15.4. Upload, send, transmit or in any other way to place and (or) distribute content (including information) that is unlawful, harmful, defamatory, offensive to morality, shows (or a promotion), violence and cruelty, infringes any intellectual property rights , promotes hatred and (or) discrimination against people of racial, ethnic, sexual, religious, social grounds, insults against any persons or organizations, elements (or a promotion) of pornography, child erotica, constitute an advertisement (or a propaganda) sexual services (including under the guise of other services), clarifies the procedure for the manufacture, or other use of drugs or their analogues, explosives or other weapons;

6.15.5. Violate the rights of third parties, including minors, and (or) cause them harm in any form;

6.15.6. Impersonate another person or entity and (or) community without sufficient rights, including employees or agents of the Company, with the moderators of the site owner and to use any other forms and ways of illegal representation of others in the network, as well as to introduce the person or company in confusion about the properties and characteristics of any subjects or objects;

6.15.7. Upload, send, transmit or in any other way to place and (or) distribute content, in the absence of the rights to such actions in accordance with the legislation of the Russian Federation and (or) international law, or any contractual relationship;

6.15.8. Upload, send, transmit or in any other way to place and (or) distribution is not allowed special advertising information, spam (including search), lists of foreign e-mail addresses, "pyramid schemes", multi-level (network) marketing of (MLM) systems online earnings and e-mail businesses, "chain letters", use the services and the Company's ability to participate in these events, or to use the site, only to redirect users to other domains of the page;

6.15.9. Upload, send, transmit or in any other way to place and (or) distribute any material that contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer or telecommunications equipment or software for unauthorized access, and serial numbers to commercial software products and programs for their generation, logins, passwords and other means to gain unauthorized access to sites on the Internet, as well as the placement of links to the information above;

6.15.10. Illegally collect and store personal data of other persons;

6.15.11. The inducement to commit unlawful acts, as well as assistance to persons whose actions are aimed at a violation of the limitations and restrictions in force in the territory of the Russian Federation;

6.15.12. Infringement of the rights of minorities;

6.15.13. Otherwise, violate the rules of law, including international law.

6.16. In the event of claims, and (or) from third parties in respect of breach of any of the property and (or) personal non- property rights of third parties, as well as the legislation bans or restrictions, the User is obliged to request of the Company to pass a formal identification, providing an obligation to settle the arisen claims on their own and at their own expenses with an indication of their passport data for transmission of this information to the person presenting the corresponding demand, and (or) the claim. The User agrees to this procedure and undertakes to fulfill the Company's decision.

6.17. In the case of liability of the Company to attract or imposing penalties on it in connection with the admitted violations of the rights of the User and (or) the interests of third parties, as well as the legislation bans or restrictions, such User shall fully indemnify the Company. The User agrees to this procedure and undertakes to fulfill the Company's decision.

6.18. Repeated violation of this Agreement and (or) the legal requirements, the Company reserves the right to completely block the User's account or otherwise limit (stop) the Service. The Company determines the conditions of multiple independently, unilaterally. The User agrees to this procedure and undertakes to fulfill the Company's decision.

6.19. In all circumstances, the Company's liability is limited to 10 000 (ten thousand) rubles and rests on it only if there is guilt in her actions.

7. Intellectual property

7.1. All facilities used to provide the service, including design elements, text, graphics, illustrations, videos, computer programs, databases, music, sound, and other objects (hereinafter - the Service content), and any content posted on the Service, Company website, are subject to the exclusive rights of the Company and other rights holders.

7.2. Use of the Service, as well as any other elements of the Service is only possible within the framework of functional service offered. No part of the content of services of the company, as well as any content posted on the Service, the site, may not be used otherwise without the prior permission of the copyright owner, including the Company if the latter is the owner in respect of the result of intellectual activity. By using implied, including reproduction, copying, processing, distribution on any support, etc. The exception is expressly provided for by Russian legislation or the terms of use of a service company. Any user may at any time contact the Company on this and other occasions.

7.3. The Company grants the User a non-transferable right to use the Service, Website and some of its elements only for its intended use, based on the purpose and on the condition that neither the user nor any other person will do with user assistance to reproduce, copy or process (modify) them, use any portion of their personal or commercial purposes.

7.4. User is obliged to:

7.4.1. Not transfer the rights to use the Service, its content in whole or in part to third parties;

7.4.2. Not to use the service under a different name than specified in the Service and (or) in this Agreement;

7.4.3. Not copy, rent, lease, sell, modify, decompile, disassemble parts, reverse broadcasting of the Service, decrypt or perform other actions with the object code and source code of the Service, with the aim of obtaining information on the implementation of the algorithms used in the Service;

7.4.4. Not distribute service fee;

7.4.5. Not combine, distribute service as part of collections or other similar variants spread.

7.5. Site, Service may contain links to other sites on the Internet (third party sites). These third parties and their contents are not verified by the Company for compliance with this or other requirements (accuracy, completeness, legality, etc.), except for the cases expressly provided. The Company is not responsible for any information, materials and information on third-party sites to which the User gains access to the use of the Service, including, for any opinions or statements expressed on third party sites, advertisements, etc., as well as for the availability of such sites or the content and consequences of their use by the User.

7.6. Link (in any form) to any site, product, service, any information of commercial or non-commercial nature contained on the Service, the website is not an endorsement or recommendation of these products (services activities) of the Company, except in cases where this directly and unambiguously indicated by the Company.

7.7. No provision of this Agreement shall not be construed so as to give the User exclusive rights or an exclusive license to use the Service, Site. The User shall have only a limited right to use the Service, the content of which is disclosed in this Agreement.

8. The relationship of the Company and the User

8.1. The Company provides user information and communication services associated with the use of information and communication technologies, and the User agrees to accept and pay for these services, unless otherwise provided in this or any other agreement with the User. Services are provided by a IntelliVPN service.

8.2. Under the information and communication services named in section 8.1. The agreement, the parties understand the services to provide remote access to specific and selected users of the VPN server as well as providing an encrypted channel to connect and access the Internet.
These settings and access using the VPN-service is confidential and not subject to distribution.

8.3. The company also provides other services to users who are expressly provided in this Agreement or otherwise, including advertising, information.

8.4. The User has the right to prepay any of the methods provided below:

8.4.1. Payment through the use of any certified payment systems and other means not prohibited by law;

8.4.2. Payment through the use of bank cards.

8.5. List of payment systems, which can be used are listed at: https://intellivpn.net/ (https://intellivpn.io).

8.6. Users of PayPal payment system should be aware that the payment system does not handle payments under certain conditions. The section "Acceptable Use Policy" rules and agreements of PayPal establish and define the events and actions, which under certain conditions can be found illegal. This section includes a description of the processes that PayPal is not processed by the decision, even if they are legal. The relationship and obligations of the User do not apply to PayPal to cooperate and work with the service user IntelliVPN and defined policies and rules specified in the relevant sections of the PayPal User Agreement and PayPal Privacy Policy - official PayPal user agreement, which can be found on the site.

8.7. In the implementation of payment the User is obliged to follow the payment instructions on the procedure and the methods of payment, including rules of the message written and a number of short text messages (SMS), including punctuation order, the order of uppercase and lowercase letters, numbers, and input language.

8.8. Bank cards transactions are done by the cardholder or an authorized person. An authorization transaction on bank cards is carried out by the bank.

8.9. The User independently and at its own expense shall bear all costs associated with the transfer of funds, including mandatory taxes and charges, commissions and other types of payments.

8.10. The User is deemed to have fulfilled his/her obligation to prepay the services provided to the receipt of funds to the account of the Company. Confirmation of the payment is made by the User documents issued by the payment systems in support of making money by the User.

8.11. Interest for the use of funds held in the bank account of the Company, and received the latter on any grounds related to the agreement do not accrue and not paid.

8.12. Refunds are made to the User in case of impossibility to render the Company's services to provide the Service for more than seven days, for reasons beyond the control of the Company directly.

8.13. Refunds made by the payment details that became known after the Company's implementation of the User fees in favor of the Company. The Company is entitled to demand payment of the User documents confirming the contribution of funds (cash checks, receipts, etc.), as well as documents proving the identity of the User.

8.14. In the event that payment for services has been made via In-App Purchase of technology in applications that are installed through the company's online store for Apple's, then return cash are carried out by Apple in accordance with their rules. In such a case, the Company is not responsible for the timely return of funds.

8.15. The User is obliged to perform any action to carry out any formalities required, in the opinion of the Company, for the execution of the User agreement as a whole and in terms of the return or transfer of funds.

9. User queries

9.1. All queries associated with this Policy, including queries regarding the use of personal data, can be sent in the following ways:

  • To the e-mail address legal@intellicode.ru;
  • Through the User Support Line of the specific Services;
  • To the mailing address of the Company: 6/1 Akademika Lavrentyeva St., Office 1104, Novosibirsk, Russian Federation, 630090.

10. Final provisions

10.1. All disputes, disagreements or claims of the parties arising out of this Agreement or in connection with it, including those concerning its execution, violation, termination or invalidity, shall be settled through negotiations between the Parties. When it is impossible to settle disagreements out of court, they shall be subject to consideration in court at the Company's location.

10.2. Parties to the present Agreement have a written evidence e-mails, correspondence via SMS messages to each other.

10.3. Any of the parties to this Agreement may at any time issue their way of relationship by signing a hard copy of the necessary documents, including this Agreement.