Terms of Use

This document is an agreement (hereinafter referred to as the "Agreement") governing the relationship between VK LLC (hereinafter referred to as the "Company") and you (hereinafter referred to as the "Customer") in connection with the provision of various types of services, access to which is provided through the VK Cloud (hereinafter referred to as the "Platform"), on the terms set forth below:

1.1. The rules for using the Platform and the Services available through the Platform are set out in the following documents:

• this Agreement,
• agreements on the use of certain Services provided by the Company or the Partners of the Company,
• Company Privacy Policy.

Hereinafter, the above documents are collectively referred to as the "Applicable Rules".

The provisions of this Agreement apply to the relations between the Parties on the use of individual Services, unless other rules are expressly provided for by the relevant agreement on the use of the Service. By accepting the terms of this Agreement, the Customer agrees with the provisions of agreements on the use of individual Services, which are considered concluded between the Customer and the Company from the moment the Customer begins to use the corresponding Service.

1.2. The applicable rules (this Agreement, as well as agreements on the use of individual Services) also contain provisions that are binding on Users (hereinafter referred to as the End User Rules). The Customer undertakes to ensure that the Users are familiar with the specified rules and is responsible for their observance on the part of the Users.

1.3. With each access and / or actual use of the Platform or any of the Services, the Customer agrees to the terms of this Agreement, as well as the corresponding agreement on the use of the Service, in the editions that were in effect at the time of the actual use of the Platform and / or Services. At the same time, the Customer guarantees that with each access and / or actual use of the Platform or any of the Services by the User of the Project, which was created by the Customer, such User is familiar with the Rules for end users and agrees with them in the version in effect at the time of the actual use of the Platform by the User and / or Services.

1.4. The applicable rules can be changed by the Company at any time without any prior notice to the Customer. Any such changes will take effect on the day following the day such changes are posted on the Site. The Customer undertakes to independently check the Applicable Rules for changes. Failure by the Customer to take steps to familiarize himself with the Applicable Rules and / or the revised edition cannot serve as a basis for the Customer's failure to fulfill his obligations related to the Use of the Platform and individual Services. The Customer has the right to refuse to accept changes and additions to the Applicable Rules, which means the Customer's refusal to use the Platform and / or the relevant Services.

Site — an Internet site located at https://mcs.mail.ru, which provides the User with access to the Platform and various services. The Company places information on the Site that is mandatory for Users.

Platform — a free computer program available to the Customer through the Site and operated by the Company (hereinafter referred to as a computer program), which allows the Customer, in accordance with the terms of the Agreement, to create and delete Projects, create and delete Accounts for Project Users within the framework of such Projects, as well as provide access and restrict the access of such Users to the selected Services.

Service is a software module of the Platform that allows you to implement certain functionality within the Platform that is provided by the Company or Partners. Granting the Customer the right to use any Service does not depend on the provision of access to other Services.

Company — Limited Liability Company Mail.Ru (OGRN 1027739850962, Russia, 125167, Moscow, Leningradsky Prospect, 39, bldg. 79), which provides the Customers with services for providing access to the Platform and Services.

Partner — a person with whom the Company has entered into an agreement in order to ensure the possibility for the Customers to use the Services and / or the Partner's services through the Company's Platform.

Customer — a person with the necessary legal capacity and legal capacity to conclude the Agreement, who created an Account on the Platform.

Customer account — information provided by the Customer (the presence of which is a prerequisite) for registration and subsequent authorization of the Customer on the Platform in the process of rendering services to him by the Company, which is the name (login), password for access to the Personal Account (password), and also other information. Access to the Account is carried out through the Personal Account.

The Customer's personal account is a closed area of the Platform, which allows the Customer to manage settings, edit the Customer's account, gain access to statistics data, as well as perform other actions necessary to implement the functionality of the Platform and individual Services.

A project is a set of logically interconnected web pages that are tied to a specific domain name or other identifier and operate according to computer program algorithms. Within the framework of one Project, using the Platform's web interface, Accounts for Project Users working within the framework of such a Project are created, who can be granted access to one or more Platform Services.

Project Owner — the Customer who created the Project by using the functionality of the Platform. The Project Owner has the full scope of rights to manage the Project, including the ability to grant the rights of the Project Administrator to another person, change the scope of the granted rights, revoke the rights of the Project Administrator from such person, create and delete Accounts for Users within the Project, as well as provide access and restrict the access of such Users to the selected Services.

Project Administrator — a person with the necessary legal capacity and legal capacity, who is the Owner of the Project or the User of the Project, to whom the Project Owner has granted the right to manage the Project.

Project User (User) — a person with the necessary legal capacity and legal capacity, for whom the Project Administrator has created an Account. The Project User is a user of the Service to which the Project Administrator has granted him access.

An even account of the Project User — information about the Project User required for registration and subsequent authorization of the Project User on the Platform, which is the User's name (login), password for access to the Personal Account (password), as well as other information. Access to the Project User Account is carried out through the Personal Account.

The Personal Account of the Project User is a closed area of the Platform that allows the Project User to manage the settings, edit the Account and perform other actions necessary to implement the functionality of the Platform and the Service within the framework of the powers granted to him by the Project Administrator.

Personal balance (account) of the Customer — a set of records reflecting the financial relationship between the Customer and the Company for the services provided. The Customer's balance increases by the amount of funds transferred by the Customer to the Company and credited by the Company to the Customer's balance as prepayment for services, and decreases by the cost of the services connected by the Customer.

Bonus balance (account) of the Customer — a set of records reflecting the crediting / writing off of points by the Company to the Customer when conducting promotions or when paying the Customer compensation in connection with the violation of the agreed level of services by the Company. The bonus balance is reduced by the amount of services connected by the Customer. If funds are available on the Bonus and Personal Balance, debits are made first of all from the Bonus Balance, then from the Personal Balance.

Zero balance — the absence of bonuses / funds on the Bonus and Personal balance (account) of the Customer for the Company to write off the cost of services for providing access to the Services.

Reporting period — the period of time during which the Customer is provided with services for the use of the Service. The duration of the Reporting Period is established by the corresponding agreements on the use of individual services.

3.1. Under the terms of the Agreement, the Company provides the Customer with access to the Platform, which allows the Customer around the clock with an Internet connection, unless otherwise provided by the Applicable Rules, to use the Personal Account to gain access to the Platform Services.

3.2. In the process of using the Platform, the Customer can create and delete Projects, create and delete Accounts for Project Users within such Projects, as well as provide access and restrict such Users' access to the selected Services. At the same time, the Customer is responsible to the Company for the actions of the Users of the Project and undertakes to ensure that such persons comply with the Rules for end users.

3.3. The right to use the Platform and the Services provided by the Company is free, unless otherwise provided by the relevant agreements on the use of individual services.

3.4. The operation and maintenance of the Platform and the Services provided by the Company is carried out by the Company, and the Services of the Partners — by the respective Partners. The use of the Platform and Services by the Customer and the Users of the Projects is carried out in an interactive (online) mode by connecting the specified persons via the Internet to the Site. The Company is the owner of the necessary amount of rights to the Platform and Services provided by the Company, as well as to all their elements, taken separately or in aggregate. The right to use the Services of the Partners is granted to the Customer by virtue of the agreements concluded between the Company and the Partners.

3.5. The Company makes commercially reasonable efforts to ensure the functioning of the Platform and the Services provided by the Company around the clock, but does not guarantee the absence of interruptions associated with technical malfunctions, maintenance, and does not guarantee full or partial operability of their individual elements. Service agreements may include service level guarantees. The Company does not guarantee that the Platform, Services or any of their elements will function at any particular time in the future or that they will not stop working. The Company is not responsible for the quality and functioning of the Services provided by the Partners.

3.6. The functions of the Platform, Services, including all scripts, content, individual elements and design of the Platform and Services are provided "as is". The Company does not provide any guarantees that the Platform, Services or their elements may be suitable for specific purposes of use. The Company cannot guarantee and does not promise any specific results from the use of the Platform, Services and their individual elements.

4.1. To use the Platform, the Customer must register on the Platform and create an Account. When creating an Account on the Platform, the Customer, in a special window with fields, enters his login (his email address) and twice a password, and also confirms his agreement with this Agreement, the Platform's Privacy Policy and Applicable Rules. To confirm registration, a letter is sent to the e-mail address specified by the Customer, which contains a link to confirm the creation of an Account on the Platform.

Authorization and entry to the Platform is carried out through the Site. A person authorized on the Platform using the Customer's login and password is considered the proper owner of the corresponding account, access to the use and management of which was obtained as a result of such authorization.

4.2. After authorization on the Platform (entering the Personal Account), the Customer has the right to use the Platform and the Services, subject to the terms of the agreement, as well as the corresponding agreements on the use of individual services.

4.3. The platform provides the Customer with the following capabilities:

• make settings for your Account within the functionality of the Platform;
• create and delete Projects using the functionality of the Platform.
• connect the Services available through the Platform, including the created Projects, as well as refuse to use the connected Services. Agreements on the use of certain services may provide for the need to pay for the services of the Company or Partners for providing access to the relevant Service.
• create for individuals with the necessary legal capacity and legal capacity, accounts within the Projects, as well as delete the created accounts.
• provide persons who have created accounts with access to the Services of the Platform, restrict or close access to these Services.
• grant the rights of the Project Administrator to another person, change the scope of the granted rights, up to the deprivation of the right to manage the Project.
• carry out other actions not prohibited by the legislation of the Russian Federation and the Applicable Rules related to the use of the Platform and the Services.

4.4. When using the Platform and Services, the Customer undertakes:

• comply with the provisions of the Applicable Rules without any restrictions;
• independently take appropriate measures to ensure the security of his Personal Account and prevent unauthorized access to it by third parties (in particular, to ensure that the password is not saved in the browser, including when using cookies technology, if third parties may use the Customer's computer device). The customer is responsible for illegal actions carried out using his Personal Account as for his own.
• follow all instructions and instructions of the Company. If the Customer fails to comply with such instructions, the Company has the right to suspend, restrict, terminate the provision of the Customer with access to the Platform, Services or their individual functions;
• at the request of the Company in connection with the conclusion and execution of the Agreement, confirm the credentials specified by the Customer when creating / editing his Account, as well as the credentials specified in the User Accounts;
• periodically review the content and monitor for changes to the Applicable Rules.
• ensure that Project Users are familiar with the End User Guidelines and comply with their provisions. The Customer is responsible for illegal actions committed using the User's Personal Account as for his own.
• comply with other requirements and fulfill other obligations provided for by the Applicable Rules.

4.5. The Company shall not be liable for the information security of the Customer's infrastructure designed using the Company's Services.

4.6. The Services shall be provided to the Customer in accordance with the internationally accepted AS IS principle. This means that the Company shall not be held liable for the issues, errors, failures arising during the use of Services, including any issues connected with compatibility of the Services with any other software products, issues arising out of an ambiguous interpretation of the Services documentation, inconsistency between the results of use of the Services and the expectations of the Customer, etc.

4.7. The Company shall not administer and support operating systems and other services created using the Platform Services, unless otherwise agreed upon by the Parties in a separate agreement.

5.1. The User of the Project gets access to the Platform after the Administrator of the Project opens for him an account linked to the Project. The creation of a User account is carried out by specifying the e-mail address of the Project User as a login and the User following the link received by his e-mail to confirm the creation of the account. The User is authorized on the Platform within the framework of the Project by entering a login (his email address) and a password received from the Project Administrator.

5.2. The Project Administrator can provide the Project User with access to one or several Platform Services. In this case, the User of the Project is the User of the corresponding Service.

5.3. The User of the Project can be authorized on the Platform through the Site, as well as by using the mobile application for the corresponding Service, if such an opportunity is provided by the functionality of the Platform and the settings of the Project. A person authorized on the Platform is considered to be the proper owner of the corresponding account, access to the use and management of which was obtained as a result of such authorization.

5.4. Authorization of the User of the Project on the Platform means the consent of such a person with the Rules for end users.

5.5. The rights and obligations of the User of the Project using a separate Service are determined in this Agreement, as well as in the agreement on the use of the corresponding service.

5.6. The Project User, to whom the Project Owner has granted the rights of the Project Administrator, implements the opportunities provided to him to the extent of the rights provided for by the Project settings. The Project Administrator undertakes to ensure that the Project Users comply with the End User Rules. If the Project Administrator finds that the User of the Project has violated the Rules for End Users, the Administrator must block the Account of such User and report this fact to the Company's support service.

5.7. When using the Platform and Services, the User undertakes:

• comply with the provisions of the Rules for End Users without any restrictions;
• independently take appropriate measures to ensure the security of his Personal Account and prevent unauthorized access to it by third parties (in particular, to ensure that the password is not saved in the browser, including when using cookies technology, if third parties may use the User's computer device).
• follow all instructions and instructions of the Company. If the User fails to comply with such instructions, the Company has the right to suspend, restrict, stop providing the User with access to the Platform, Services or their individual functions;
• at the request of the Company, confirm the credentials specified in the User Account;
• periodically review the content and monitor changes to the Rules for end users.
• comply with other requirements and fulfill other obligations provided for by the Rules for End Users.

6.1. When using the Platform and certain Services, the Customer and Users are prohibited from:

6.2. The customer is prohibited from:

• violate the intellectual property rights of the Company and / or Partners in relation to the Platform, Services or any of their elements, in particular, it is prohibited to copy, broadcast, send, publish, and otherwise distribute and reproduce materials posted by the Company and Partners within the Platform and Services ( text, graphic, audio-video materials), fragments and individual elements (including computer programs, scripts and other elements) of the Platform and Services without the written consent of the Company and / or Partners;
• collect credentials of other Customers and Users of Projects created by other Customers;
• use any automatic or automated means to collect information posted on the Platform and Services;
• carry out, through the Platform and Services, propaganda or agitation inciting social, racial, national or religious hatred and enmity, propaganda of war, social, racial, national, religious or linguistic superiority, as well as sending information that promotes suicide, contains a description of methods of suicide and any incitement to commit it; information about narcotic and psychotropic substances, including information about the distribution of drugs, recipes for their manufacture, advice on their use and other information, the dissemination of which is prohibited by the current legislation of the Russian Federation;
• send spam — mass mailing of commercial, political, advertising and other information (including hyperlinks leading to Internet sites with such information and / or to Internet sites containing malicious software) if the recipients did not express their consent to receive such information kind of information;
• indicate when creating a Personal Account and filling out the registration form or subsequently enter deliberately false or fictitious information about yourself;
• transfer the password from the Personal Account to persons who do not have the proper authority to act on behalf of the Customer (or User);
• take actions aimed at destabilizing the functioning of the Platform and Services, make attempts to unauthorized access to the management of the Platform and Services or their closed sections (including sections to which only the Company is allowed access), as well as perform any other similar actions;
• take actions to create new structures (including blocks in the blockchain) using the functionality of the Platform and Services to ensure the functioning of cryptocurrency platforms or for mining cryptocurrencies in any other way;
• carry out any other actions that contradict the policy and goals of creating the Platform and Services or violate the current legislation of the Russian Federation.

7.1. The Company carries out the current management of the Platform, independently determines the structure, appearance, allows or restricts the access of Customers, Users to the Platform and the Services provided by the Company in case of violation of the Applicable Rules and Rules for end users by the specified persons.

7.2. In terms of providing an opportunity for interaction between Customers and Users, including providing these persons with the opportunity to independently perform certain actions within the Platform and Services, the Company acts exclusively as a person who organized the technical possibility of such interaction. The transfer, storage and provision of access via the Internet to the Platform and Services provided by the Customers, Users of the Projects, information, graphics and other materials associated with such interaction, are carried out without changing such materials or influencing their content on the part of the Company.

7.3. The Company independently solves questions about the procedure for placing advertisements within the Platform and Services, participation in partner programs, inclusion of other information in the content of the Platform and Services.

7.4. The company has the right to:

• at any time change the design and user interface of the Platform, the Services provided by the Company, the content of the functions provided, change or supplement the scripts used, software, the Company's content and other objects used or stored within the Services, any server applications, without mandatory notification of this Customer;
• at its discretion, delete any information and materials posted by the Customer within the Platform and Services that violate the laws of the Russian Federation, Applicable rules, the rights of other Customers, Users of Projects created by other Customers or third parties, harm them or threaten their safety;
• demand payment for services to provide access to the Services in the amount and in the manner provided for by agreements on the use of individual Services;
• when using the Platform and Services by the Customers and Users of the Projects, make comments to the specified persons, warn, notify, inform them about non-compliance with the terms of the Applicable Rules and the Rules for end users. The Company's instructions are binding on the above persons when using the Platform and Services;
• suspend, restrict or terminate the access of the Customer, Project Users to all or any of the sections of the Platform, Services at any time without explanation, with or without prior notice in case of violation of the legislation of the Russian Federation, Applicable Rules or Rules for end users;
• send messages to Customers, Users of Projects (including messages by e-mail, sms messages, etc.), which are notifications of the introduction of new or cancellation of old functions of the Platform and / or Services, as well as containing advertising information about the capabilities of the Platform and Services;
• take measures not prohibited by law to protect their own intellectual rights in relation to the Platform and the Services provided by the Company.

7.5. The Company undertakes, on the terms set forth in the Agreement, to provide the Customer with services for providing access to the Platform.

8.1. In cases stipulated by agreements on the use of certain Services, the services of the Company or Partners to provide access to the Services are paid and are provided on a prepaid basis.

8.2. To gain access to the Services, the Customer must replenish his Personal balance (account) in the amount in rubles necessary to pay for services in the amount required for the Customer in accordance with the tariffs in force at the time of the payment. The Customer's obligations to pay for services are considered fulfilled from the moment the funds are received to the Company's current account.

The cost of services for providing access to the Service is determined in the agreement on the use of the corresponding Service. The Company may unilaterally change the cost of services for providing access to the Services. New rates are applied from the reporting period following the period in which the rates were changed.

The confirmation of payment for services, at the discretion of the Company, may be a copy of a document with a bank mark, indicating the transfer of funds. In this case, the Company has the right to request the original document confirming the fact of payment. The Customer agrees that all risks of losses when paying for the Company's services are the Customer's risks.

After the receipt of funds to the Company's current account, the status of the Customer's Personal Balance (account) is updated by indicating the amount transferred by the Customer to the Company's current account as available for payment for services to provide access to the Services.

8.3. The Company has the right to provide the Customer with bonuses when conducting promotions or when paying the Customer compensation in connection with the violation of the agreed level of services by the Company by crediting the bonuses to the Customer's Bonus balance (account). The bonus balance is reduced by the amount of services connected by the Customer. If funds are available on the Bonus and Personal Balance, debits are made first of all from the Bonus Balance, then from the Personal Balance.

8.4. The Customer agrees that if, at the time of termination of the obligations of the Parties or termination of the Agreement, the amount of the prepayment made by the Customer for services exceeds the cost of the actually rendered services, the difference between these amounts is recognized as an advance payment of the Customer for other services provided by the Company under other (including future) contracts, except for the cases of written agreement on the terms of termination of obligations or termination of the concluded Agreement on other terms.

8.5. A customer who is a legal entity or an individual entrepreneur, subject to payment for services by transferring funds to a bank account, undertakes, at the end of the Reporting Period, during which the Company provided him with services to provide him with access to the Services, to sign the Acceptance Certificate of the Services Rendered (hereinafter — "Act") and an invoice (or a universal transfer document (hereinafter referred to as "UPD"). The Company sends the FRTD to the Customer through the electronic document management system (hereinafter referred to as "EDM"). signature (hereinafter referred to as "ES").

8.6. The Customer undertakes to sign one copy of the Act / UPD and send it to the Company within 10 working days from the date of its receipt, or sign the UPD via EDM using electronic signature within the same time frame. Otherwise, the services shall be considered rendered, and the Certificate/UTD shall be considered executed.

9.1. The Customer has the right to use the Platform and Services in the ways described in this Agreement throughout the Russian Federation, as well as other territories where they are available using standard computer tools and programs.

9.2. This Agreement is concluded for a period of one calendar year and enters into force from the date of acceptance by the Customer of the Applicable Rules. If, 30 (thirty) calendar days before the expiration of the Agreement, none of the Parties notifies in writing about the termination of its validity, it will be considered an extended period of one year. The number of renewals is not limited.

9.3. This agreement is terminated if:

1. The Company will decide to change the terms of this Agreement, the need to conclude a new agreement with the Customers, terminate this Agreement in relation to the Customer, terminate the administration and maintenance of the Platform and terminate access to it or terminate access to the use of the Platform in relation to the Customer.

2. The Company has the right at any time without notifying the Customer and without giving reasons to terminate the Agreement unilaterally out of court with immediate termination of access and the ability to use the Platform and without reimbursement of any costs, losses or return received under the Agreement, including, but not limited to, in case:

   • closure or termination of the Platform;
   • any, including one-time, violation by the Customer or the User of the Project created by the Customer, the terms of the Applicable Rules and / or the Rules for end users;
   • on other grounds that, in the opinion of the Company, are sufficient to make a decision to terminate the Agreement.

9.4. This Agreement does not provide for the assignment of any exclusive rights or the issuance of an exclusive license from the Company to the Customer for any components of the Platform and Services.

10.1. The invalidity of one or several provisions of the Agreement, recognized in the prescribed manner by a court decision that has entered into force, does not entail the invalidity of the Agreement as a whole for the Parties. In the event that one or several provisions of the Agreement are recognized as invalid in the prescribed manner, the Parties undertake to fulfill their obligations under the Agreement as close as possible to those implied by the Parties when concluding and / or agreeing to amend the Agreement in a manner.

10.2. This Agreement and the relationship between the Parties in connection with this Agreement and the use of the Service are governed by the legislation of the Russian Federation.

10.3. With regard to the form and method of concluding this Agreement, the norms of the Civil Code of the Russian Federation ("Civil Code of the Russian Federation") governing the procedure and conditions for concluding an agreement by accepting a public offer are applied.

10.4. All disputes between the parties under this Agreement shall be resolved through correspondence and negotiations using the mandatory pre-trial (claim) procedure. If it is impossible to reach agreement between the parties through negotiations within 60 (sixty) calendar days from the moment the other Party receives a written claim, consideration of the dispute should be referred by any interested party to the court at the location of the Company (excluding the jurisdiction of the case to any other courts), if otherwise not provided by applicable law.

10.5. For questions related to the execution of the Agreement, please contact the Company's location: Russian Federation, 125167 Moscow, Leningradsky prospect, 39, bldg. 79, or by email at support@mcs.mail.ru.

Revision: from 03/16/2023