1. Scope of the Agreement
1.1. This agreement (hereinafter the Agreement) is a public offer by MTS AI LLC (hereinafter MTS AI) as the rightsholder of the website at: https://intema.ai/ (hereinafter the Site), and defines the terms and conditions for the Site use by those Internet users who have accepted the Agreement terms and conditions in the manner provided for in cl. 1.6. hereof and possess all the rights to enter into the Agreement (hereinafter the Users) .
1.2. Under the Agreement, MTS AI grants the User the right to use the Site pursuant to a simple (non-exclusive) non-transferable revocable free license (hereinafter the License) within the limits and in the ways defined herein.
1.3. The License is granted under the following terms and conditions:
1.3.1. The License territory covers the whole world;
1.3.2. The License term of validity starts when the User begins to use the Site and accepts the License terms and conditions in accordance with cl. 1.6. of the Agreement during its entire term of validity;
1.3.3. The License grants the rights to use the Site in the following ways and within the following limits:
• Site reproduction on the User’s device;
• use of the Site for its functional purpose with full implementation of the Site functions provided for by its interface, for personal and non-commercial purposes.
All the Site use actions listed in this clause shall be carried out by the User independently.
1.4. The User is prohibited from the following:
1.4.1. modify the Site, including (but not limited to) change, decompile, disassemble, decrypt and perform other actions with the Site compiled code in order to obtain information about the implementation of the algorithms used in the Site;
1.4.2. reproduce, repeat, copy, sell, resell, as well as use the Site and (or) any parts of the Site content in any way without obtaining consent from MTS AI;
1.4.3. create derivative works using the Site;
1.4.4. distribute and copy the Site;
1.4.5. create Site access conditions for third parties not having the right to use the Site;
1.4.6. use the Site to violate the rights of third parties, achieve illegal goals and, if MTS AI sets special purposes for using the Site, achieve other goals that are not explicitly specified in the Agreement;
1.4.7. use the Site to impersonate another person or representative of any entity and/or community without sufficient rights, including MTS AI Support Service, MTS AI workers or perform other actions aimed at misleading the Users or other persons;
1.4.8. use the Site to download, send, transfer or to perform anything else to publish any materials containing viruses or other computer codes, files or programs designed to disrupt, destroy or limit the functionality of any computer or telecommunications equipment or programs, to provide unauthorized access to computer systems, equipment or data of third parties, as well as serial numbers for commercial software products and programs for their generation, logins, passwords and other means for obtaining unauthorized access to paid Internet resources, as well as posting links to the above information; to reproduce, copy, collect, organize, store and transfer information posted on the Site, use it in full or in any part in any way, including for commercial purposes, in order to extract the database from the Site without consent from MTS AI;
1.4.9. use automated scripts (programs, bots, crawlers) to collect information and (or) interact with the MTS AI Site without consent from MTS AI;
1.4.10. process personal data of other persons in violation of the requirements of applicable law;
1.4.11. facilitate actions aimed at violating the restrictions and prohibitions provided for herein;
1.4.12. take any actions aimed at destabilizing the Site operation, try to get unauthorized access to the Site, the results of intellectual activity posted on it/available through the Site, as well as take any other actions violating the rights of MTS AI and/or third parties;
1.4.13. take other actions related to violating the Agreement, as well as the requirements of applicable law.
1.5. The Agreement may be amended by MTS AI by posting a new Agreement version on the Site. The new Agreement version shall become effective from the moment it is posted on the Internet at the address specified in this clause of the Agreement, unless otherwise provided for by the new Agreement version. The User undertakes to independently check the Agreement for any amendments made. Failure by the User to familiarize themselves with the Agreement, including with the Agreement version revised in the manner set out by this clause of the Agreement, cannot serve as a basis for the User’s failure to fulfill their obligations or to comply with the restrictions set by the Agreement. The current version of the Agreement is located on the webpage at: https://intema.ai/user_agreement_mts_ai/.
1.6. When starting to use the Site, the User shall be deemed to have accepted all the terms and conditions herein without exception. If the User disagrees with any of the provisions herein, the User shall not be entitled to use the Site. Should MTS AI make any changes to the Agreement in the manner provided for in clause 1.5. herein with which the User does not agree, the User has to stop using the Site.
2. Rights and Obligations of the User when Using the Site
2.1. The Site use on the terms and conditions other than those described herein is not allowed.
2.2. When using the Site, the User is entitled to accept any offers posted by MTS AI and/or third parties on the Site, including the offers to participate in programs, to render services, to purchase MTS AI and/or third party products in the ways and pursuant to the terms and conditions specified in such offers.
2.3. When using the Site, the User is entitled to provide MTS AI/or third parties with consent to processing their personal data by putting a tick in the corresponding line on the Site.
2.4. The User has to fully familiarize themselves with the terms and conditions of the Agreement and comply with them.
2.5. Upon termination of the Agreement by any Party and for any reason, the User has to stop using the Site completely.
2.6. When citing the Site materials, including copyrighted works, a link to the Site is required.
2.7. The User has to resolve all the issues of acquiring Internet access rights, purchasing and adjusting the necessary devices and software products for this independently and at their own expense.
2.8. Rights and Obligations of MTS AI when Providing the Site
2.8.1. MTS AI performs the day-to-day Site management, independently determines the Site composition, structure, appearance, allows or restricts Users’ access to the Site if such persons violate the provisions of the Agreement, as well as exercises any other rights belonging to it.
2.8.2. MTS AI is entitled to the following:
22.214.171.124. make changes to the Site functionality;
126.96.36.199. resolve the issues related to the commercial Site use, in particular, the issues about the possibility of placing advertisements on the Site, participation in partner programs, etc.;
188.8.131.52. suspend, restrict or terminate User access to the Site without reimbursing any costs or losses to the User, including if the User violates the Agreement terms and conditions or the terms and conditions of other documents provided for in the Agreement;
184.108.40.206. post advertising and/or other information in any section of the Site;
220.127.116.11. set age restrictions when accessing the Site/its sections intended for an audience of a certain age. This means that persons under the specified age undertake to refrain from accessing the Site/relevant sections, about which MTS AI can notify the User by indicating the information product signs on the Site or by showing pop-up messages when the User tries to use the Site/its sections intended for the audience of a certain age;
18.104.22.168. post offers by MTS AI and/or third parties on the Site, including offers to participate in programs, to render services, to purchase MTS AI and/or third party products with the receipt, when using the Site, of the acceptance of these offers by the Users in the ways provided for by such offers;
22.214.171.124. when using the Site, receive the Users’ consent to processing their personal data by putting a tick in the corresponding line on the Site;
126.96.36.199. exercise other rights provided for herein and/or by the law of the Russian Federation
3. Intellectual Property
3.1. Any use of intellectual property items posted on the Site (including the Site visual design elements, symbols, texts, graphics, illustrations, photos, videos, programs, music, and other items) without the permission of MTS AI is illegal.
3.2. The User understands and agrees that MTS AI can delete or move any intellectual activity results posted on the Site at its sole discretion, for any reason or no reason, including, but not limited to, moving or deleting the results of intellectual activity of the Site.
4.1. The Site is provided “as is”, unless otherwise expressly provided for herein. MTS AI does not guarantee that the Site, as well as the result of using the Site, will meet the goals, expectations and requirements of the User; MTS AI does not guarantee that the Site will be provided continuously, quickly, reliably and without errors; the results that can be obtained by the User will be accurate and reliable; the Site quality, as well as the results of using the Site, including information, will meet the expectations of the User, and that all errors in the programs will be corrected.
4.2. The Site may contain links to other resources on the Internet. The User acknowledges and agrees that MTS AI does not control and does not bear any responsibility for the availability of these resources and for their content, as well as for any consequences associated with using these resources. Any click through operations carried out by the User are done at their own peril and risk.
4.3. MTS AI shall not be liable and has no direct or indirect obligations to the User in connection with any possible or incurred losses or damages associated with any Site content, copyright registration and information about such registration, goods or services available on or obtained through external sites or resources or other contacts of the User, which they entered into using the information posted on the Site or links to external resources.
4.4. Any materials received by the User using the Site can be used by them at their own risk and in compliance with the terms herein, while the User shall be liable for any damage that may be caused to the User’s (and/or third parties’) computer and the User’s (and/or third parties’) data as a result of downloading these materials.
4.5. MTS AI shall not be liable for any direct or indirect losses incurred due to the Site use or inability to use it, as well as due to fraudulent activities by third parties.
4.6. MTS AI shall not be liable to the User for any losses incurred by the User due to using the Site arising, including, as a result of work termination, computer failure, Internet access issues or improper Site operation.
4.7. MTS AI shall not be liable for the presence or absence of the data necessary for the User on the Site.
4.8. The User shall bear full personal liability for compliance of the methods of using the information presented on the Site with the norms of Russian or international legislation (including the legal rules for intellectual property and information protection).
4.9. The User agrees that they will reimburse MTS AI for any losses caused by MTS AI in connection with the User using the Site and/or violation by the User of the Agreement and/or third party rights (including copyright, related, patent, information and any other rights).
4.10. Should the third parties present any claims against MTS AI related to the User using the Site in violation hereof, the User undertakes to settle these claims with third parties on their own and at their own expense, protecting MTS AI from any possible losses and proceedings.
4.11. Should any errors be found while using the Site, MTS AI will take measures to eliminate them as soon as possible. The Parties agree that the exact error elimination deadline, if any errors are found, cannot be established.
4.12. MTS shall not be liable to the User or any third parties for the actions taken by the User when using the Site.
4.13. Under any circumstances, the MTS AI liability in accordance with Article 15 of the Civil Code of Russia is limited to the amount of RUB10,000 (ten thousand) and is assigned to it if there is any fault in its actions.
5. Anti-Corruption Clause
5.1. Within the scope of this Agreement, the User shall comply with the applicable anti-corruption laws and refrain from any actions in violation of anti-corruption regulations or leading to violation of that kind by the User, including demanding, receiving, offering, authorizing, promising or making illegal payments directly, through third parties or as an intermediary, including (without limitation) bribes in cash or any other form to any individuals or legal entities, including (without limitation) commercial organizations, government and self-governing agencies, public officials, private companies and representatives thereof.
5.2. Should the User violate the aforementioned anti-corruption obligations, MTS AI shall have the right to suspend performance of its obligations hereunder until elimination of the violation cause or repudiate this Agreement subject to cl. 188.8.131.52. of the Agreement.
6. Term and Termination of the Agreement
6.1. The Agreement shall become effective upon acceptance of the Agreement in the manner provided for in cl. 1.6. of the Agreement. The Agreement is entered into for an indefinite period.
7.1. The Agreement shall be governed and construed in accordance with the laws of the Russian Federation. Any possible disputes arising from the relations governed herein shall be resolved in the manner stipulated by the current legislation of the Russian Federation, in accordance with the rules of Russian law.
7.2. If, for any reason, one or more of the provisions herein are found to be invalid or unenforceable, this shall not affect the validity or applicability of the remaining provisions of the Agreement.
7.3. Inaction on the part of MTS AI, if the User or other third parties violate the provisions hereof, shall not deprive MTS AI of the right to take appropriate action to defend its interests later and does not mean that MTS AI will refuse its rights in the event of subsequent similar or matching violations.
Published on 18 August 2021