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Реестр отечественного ПО При поддержке НТИ

Offer for the Use of the Antiplagiat® Software System

Approved by Order of the CEO of Antiplagiat JSC
No. 05 dated March 11, 2024
(effective from March 25, 2024)

Antiplagiat Joint–Stock Company (Antiplagiat JSC: OGRN (Primary State Registration Number) 1057747076078, INN (Taxpayer Identification Number) 7705664677, KPP (Tax Registration Reason Code) 773101001, hereinafter referred to as the “Right Holder“) shall provide the Antiplagiat® Software System to any fully capable individual who agrees to use the Antiplagiat® Software System by accepting all the terms of the Offer by means of registration on the Website (hereinafter referred to as the “User“).

Basic Definitions

1) “Antiplagiat® Software System (Antiplagiat® SS)” means a specialized application hardware and software suite representing the functional and integration unity of computer application programs, special search modules and collections. The Antiplagiat® SS analyzes text and/or graphic materials uploaded in electronic form by the Users to detect and identify matching content, with the formation of reports on the results of text and/or graphic checks, as well as processes text and/or graphic databases, including those in the public domain. The Antiplagiat® SS is hosted on the Right Holder’s computer equipment, and may be provided for use in various versions and modes.

Exclusive rights to computer software forming the Antiplagiat® SS are owned by the Right Holder, registered by the Federal Service for Intellectual Property (Rospatent), and are also included in the Unified Register of Domestic Software. The technological search index array, as a component of the Antiplagiat® SS, is used by the Right Holder freely or under appropriate agreements. No transfer (alienation) of exclusive rights to the Antiplagiat® SS or its separate components (computer software) is allowed. The Right Holder shall retain the right to grant the use of the Antiplagiat® SS to the general public. The description of the computer software included in the Antiplagiat® SS as well as the User Manual for their use are available at: https://docs.antiplagiat.ru/ru/ (hereinafter referred to as the “User Documentation”).

The trade name Antiplagiat is an alphabetic and verbal element of the registered and protected combined trademark (service mark) Antiplagiat®. Antiplagiat JSC is the Antiplagiat® trademark (service mark) owner. Unlawful use of a trade name, brand and/or trademark (service mark) shall be a punishable offence.

The use of the Antiplagiat® SS shall be granted to the User remotely via web browser with Login and Password, without installing the distribution kit of the Antiplagiat® SS computer software on the User’s computer device, in accordance with the User Documentation (https://docs.antiplagiat.ru, hereinafter the “User Documentation”). Legal entities and/or individual entrepreneurs use the Antiplagiat® SS in their professional (statutory) activities under a license agreement entered into with the Right Holder. Representatives of the legal entities or individual entrepreneurs apply for a commercial offer and a license agreement by e-mail: sales@antiplagiat.ru or by phone: 8 (800) 777-81-28, +7 (495) 223-23-84.

2) “Right Holder’s Website” (the “Website“) is the Right Holder’s information system located on the Internet at: https://www.antiplagiat.ru/. On the Website, the User shall receive general information about Antiplagiat® SS and go to the domain users.antiplagiat.ru to: a) register with Antiplagiat® SS; b) get access to Antiplagiat® SS and c) use Antiplagiat® SS on the terms and conditions hereof (the Offer).

3) “Offer“ means this irrevocable and perpetual public offer by the Right Holder in accordance with Article 437 of the Civil Code of the Russian Federation (hereinafter referred to as the “Civil Code”), to grant the use of the Antiplagiat® SS via the Internet. The Offer contains the essential terms and conditions of the use and license agreement (the “Agreement”). The Offer is permanently available at https://www.antiplagiat.ru/help/terms. The Offer is intended for an indefinite number of fully capable individuals, with no time limit for acceptance of the Offer. The Acceptance is a full and unconditional acceptance of the Offer. Upon Acceptance, the Website visitor becomes a User, and the terms and conditions of the Offer become the legal terms and conditions of the use and license agreement (Agreement) for use of the Antiplagiat® SS by the User.

4) “Acceptance of the Offer (Acceptance)” means full and unconditional acceptance by a Website user of the terms and conditions of the Offer (Article 438 of the Civil Code of the Russian Federation) by registration as a User or authorization using the Website. Acceptance forms a use and license agreement (Agreement) on the terms of the Offer for the use of the Antiplagiat® SS by the User on the terms of the Ordinary (Non-Exclusive) License. The Agreement shall be deemed concluded at the time of Acceptance and shall be in effect as set forth in this document (the Offer). Upon Acceptance, the User shall, as provided for by the Civil Code of the Russian Federation, acquire and acknowledge its rights and obligations set forth herein.

5) “Party“ or “Parties“ means the Right Holder and the User, as independent participants (persons) in civil law relations, who have entered into the Agreement with each other.

6) “Agreement” means an agreement between the Parties on use of the Antiplagiat® SS by the User under the terms of the Ordinary (Non-Exclusive) License, which is entered into by the Acceptance of the Offer. The Agreement may be gratuitous or non-gratuitous, depending on the methods of using the Antiplagiat® SS, according to the terms of the Ordinary Non-Exclusive License.

7) “Ordinary Non-Exclusive License” means the limited, non-transferable temporary use by the User of the Antiplagiat® SS, according to the international standard “as is”, in a certain territory specified in Clause 1.3 of the Offer (Agreement), with limitations set forth in the Offer (Agreement). The Right Holder shall provide the User with two ways to use the Antiplagiat® SS: ● the Basic Version (provided for reference only, with limited functions) or ● the Commercial Version (provided for a fee, with various and advanced functions, according to the Rate Plan chosen and paid by the User).

8) “Rate Plan“ means a) the scope of actions allowed for the User in the Antiplagiat® SS and restrictions imposed on the User, which determine the structure and scope of the Antiplagiat® SS options for the User; b) the amount of remuneration of the Right Holder, both as set out by the Right Holder. The Rate Plan is expressed in monetary value. Up-to-date information about the existing Rate Plans is available to the User upon his/her registration on the Website: https://users.antiplagiat.ru/tariffs. The Right Holder shall conduct promotions and give discounts for the use of the Antiplagiat® SS.

9) “Login“ and “Password“ means a unique set of symbols independently created by the User when registering on the Website and intended for authorized use of the Antiplagiat® SS and protection of the User’s account.

10) “User Account (Account)” means a User account created by a visitor to the website at the time of his/her registration in the Antiplagiat® SS login account. The Account enables the Right Holder to keep track of each user of the Antiplagiat® SS, control access the process of use of the Antiplagiat® SS. The Account allows the User to use the Antiplagiat® SS by Login and Password. The Account constitutes a certain amount of memory and computing power on the server equipment of the Right Holder, and is not the property (asset) of the User. The Account is an intangible acknowledgement (“token”) certifying the legal relations between the User and the Right Holder as parties to the use and license agreement. The Account shall provide the User with a personal web page, a virtual space for: a) interaction with the Antiplagiat® SS; b) receipt of information from the Right Holder; c) storage of personal login information and reports on the User’s texts or images verified via the Antiplagiat® SS.

11) “Reference Period“ means a period of time for use of the Antiplagiat® SS, the duration of which is determined either by the Rate Plan paid by the User, including the Rate Plan on special terms (the period during which the User is authorized by the Right Holder to use the Antiplagiat® SS on special terms), or by the terms specified herein. The beginning of each type of the Reference Period shall be the time of granting the use in accordance with Clause 1.7 of the Offer (Agreement). The end of each type of the Reference Period shall be as specified in Clause 1.8 of the Offer (Agreement).

1. Subject Matter

1.1. The Right Holder shall grant the User an ordinary (non-exclusive) license for use of the Antiplagiat® SS, and the User shall use the Antiplagiat® SS in accordance with the terms and conditions set forth in the Offer (Agreement).

1.2. Antiplagiat® SS may be used as follows: a) by obtaining remote access to the Antiplagiat® SS and b) using the Antiplagiat® SS according to its purpose (search, detection and identification of text reuse or other matching content, in accordance with the User Documentation). Further uses of the Antiplagiat® SS are only allowed on the basis of a special agreement concluded in writing between the Parties. Other uses of the Antiplagiat® SS are not allowed and may be regarded by the Right Holder as an infringement of its intellectual rights.

1.3. The territory of use of the Antiplagiat® SS shall be all countries of the world, unless otherwise specified in a separate agreement between the Right Holder and the User.

1.4. The Antiplagiat® SS may not be used without registration on the Website, unless otherwise provided for by a separate written agreement between the Parties. If the User does not accept the terms and conditions of the Offer, he/she shall not take any actions to register (authorize) on the Website and shall not take any actions to use the Antiplagiat® SS. The User shall be prohibited from granting use of the Antiplagiat® SS to third parties, including in the methods specified in clause 1.2 of the Offer (Agreement).

1.5. The Right Holder confirms that, at the time of allowing the User to use the Antiplagiat® SS, the exclusive rights of the Right Holder to all components of the Antiplagiat® SS are not pledged, seized or otherwise encumbered and are not the subject of any dispute.

1.6. The User shall pay the Right Holder a fee for the use of the Antiplagiat® SS. The fee amount and payment procedure shall be determined in accordance with the Rate Plan, unless otherwise specified in the Offer (Agreement), for example, in case of using the Basic Version.

1.7. The Right Holder shall grant the User the use of the Basic Version from the date of the User’s registration on the Website. The Right Holder shall grant the User the use of the Commercial Version since activation (payment) of the Rate Plan chosen by the User during the relevant Reference Period, in accordance with the User Documentation. The use of Antiplagiat® SS on special terms shall be granted to the User upon authorization to use Antiplagiat® SS on special terms in accordance with Clause 2.5 of the Offer (Agreement) for the period equal to the Reference Period for each particular type of special terms.

1.8. The Reference Period of use of the Basic Version shall end with the deletion of the Account as stipulated herein (Clauses 4.1.4, 4.3.7 – 4.3.9, 7.1). Completion of the Reference Period of the use of the Commercial Version shall be determined by each specific Rate Plan (including the Rate Plan on special terms) selected and paid for by the User.

1.9. By registering (authorizing) on the Website, using Antiplagiat® SS, the User acknowledges and represents to the Right Holder that: a) all terms and conditions of the Offer are clear to him/her, the User accepts them without reservations in full and agrees to fulfill them; b) the Offer has the legal force of a simple written agreement, signed by the Right Holder and the User as the Parties to the Agreement, in accordance with the Civil Code of the Russian Federation.

1.10. Since it is technically impossible to use Antiplagiat® SS without registration, the User shall give the Right Holder a consent to process his/her personal data in accordance with the Consent submitted in electronic form on a publicly accessible web page: https://antiplagiat.ru/help/privacy.

1.11. Provision of the User with a full report of the Antiplagiat® SS, according to the parameters for a check in terms of searching and identifying text reuse, which were selected (established) or excluded by a User, is conclusive evidence (confirmation) of the proper execution of the check for searching and identifying text reuse.

2. Use of Antiplagiat® SS

2.1. To start using the Antiplagiat® SS, the User shall fill in the registration form (questionnaire) in the Antiplagiat® SS. Upon completion of registration, the User shall get the Login and Password, details of which may not be disclosed.

2.2. Any actions performed using the User’s Login and Password in the Antiplagiat® SS shall be deemed to be performed by the User himself/herself.

2.3. Registration of the User in the Antiplagiat® SS shall not be regarded as the beginning of the Reference Period.

2.4. After the User’s registration, the User shall pay for the selected Rate Plan in accordance with Clauses 5.1 – 5.4 of the Offer to use the Antiplagiat® SS within the extent of the Commercial Version.

2.5. The Right Holder is entitled to conduct promotions and give discounts, including by introducing Rate Plans for a certain period, which are valid on special terms and apply to certain groups of users. All terms of use of the Rate Plan on special terms are listed on the Website: https://users.antiplagiat.ru/page/promo. The User must authorize in accordance with the procedure specified on the Website: https://users.antiplagiat.ru/page/promo to access such a Rate Plan. The period for granting authorization shall be specified in the terms and conditions of the Rate Plan. Upon expiration of the specified period, the Right Holder may request re-authorization in order to confirm that the User retains the use of the Antiplagiat® SS on special terms.

2.6. Granting the User the use of the Commercial Version shall be confirmed by granting the User access to the Antiplagiat® SS in accordance with Clause 1.7 of the Offer.

2.7. Provision of the User with a full report of the Antiplagiat® SS, according to the parameters for a check in terms of searching and identifying text reuse, which were selected (established) or excluded by a User, is conclusive evidence (confirmation) of the proper execution of the check for searching and identifying text reuse.

2.8. The Right Holder shall assign the User an Inactive Status (hereinafter referred to as the “Inactive Status”) if the User has not performed any of the following actions in his/her Account for six (6) consecutive months or more:

2.8.1. checking at least one text file;
2.8.2. uploading/downloading, viewing, transferring text files;
2.8.3. viewing, editing, downloading a report;
2.8.4. logging in the Antiplagiat® SS using the Login and Password.

The Inactive Status shall be effective from the date of its assignment by the Right Holder until the User performs any of the actions specified in Sub-Clauses 2.8.1 – 2.8.4 of the Offer (Agreement), except as otherwise provided for in Sub-clauses 4.3.8 and 4.3.9 of the Offer (Agreement).

2.9. The Right Holder shall charge the User for each month when the Inactive Status lasts, calculated from the 25th day of calendar month until the 24th day of next calendar month, in amount of one hundred rubles, 00 kopecks (RUB 100.00), excl. of VAT. For the first incomplete month in which the changes in the Rate Plan regarding the establishment of the amount of payment specified in this Clause come into force, the payment for the use of the Account shall be made in full. The payment amount shall be withheld by the Right Holder at the end of the month for which it was accrued. No fee shall be charged to the User if the balance of funds held by the Right Holder is equal to zero. At the Right Holder’s option, points can also be deducted from the User’s internal account.

2.10. The User may suspend the Inactive Status for a period of three (3) months by contacting the User’s Support Service or using the Account. The payment specified in Clause 2.9 of the Offer for the period of suspension of the Inactive Status shall not be accrued and charged. The Inactive Status shall be renewed on the 25th day of the month, as of which the three-month period of its suspension has expired.

2.11. The Right Holder does not verify the information (data) provided (uploaded) by the User for the purposes of this Agreement, and is not liable for the accuracy and reliability of the data, as well as for violations of law by the User, including laws on personal data and intellectual property rights.

2.12. By uploading data to the Antiplagiat® SS, including by uploading texts and images to be checked, the User expresses his/her full consent to their use by the Right Holder or another person authorized by the Right Holder as provided for in the Offer (Agreement) and in accordance with the laws of the Russian Federation.

2.13. The User acknowledges and accepts that the User will not have access to the relevant report of the Antiplagiat® SS if the User deletes from its account the text or image previously uploaded by the User for checking, and for which a report of the Antiplagiat® SS was received

2.14. For technical support, the User may use the contact details listed on the Website and herein.

3. Restrictions of Use of Antiplagiat® SS

3.1. The User shall use the Antiplagiat® SS solely for personal informational, educational, scientific or other purposes associated with meeting of personal intellectual needs, with regard to the functional purpose of the Antiplagiat® SS.

3.2. When using the Antiplagiat® SS, the User shall take into account and shall not to go beyond the following restrictions established by the Right Holder, namely the User shall not:

3.2.1. reproduce the Antiplagiat® SS or its components, including not to write them to the memory of any computer device of the User;
3.2.2. attempt to circumvent the technical restrictions established by the Right Holder;
3.2.3. reverse engineer, decompile or disassemble the Antiplagiat® SS, or its components;
3.2.4. use the components of the Antiplagiat® SS to call applications that do not operate on the Antiplagiat® SS; create copies of the Antiplagiat® SS or its components;
3.2.5. publish the Antiplagiat® SS or its components, giving other persons the opportunity to copy them;
3.2.6. hire out, lease or lend the Antiplagiat® SS or its components;
3.2.7. use the Antiplagiat® SS or its components for the provision of any services;
3.2.8. use the Antiplagiat® SS beyond the term of the Agreement;
3.2.9. seek to gain access to the data of other users (licensees) of the Antiplagiat® SS;
3.2.10. automatically access the Antiplagiat® SS or its components by any means without the prior written permission of the Right Holder;
3.2.11. check the texts using the Antiplagiat® SS, the content of which is prohibited by law (contains threats, calls to commit illegal actions, obscene words and expressions, suicide propaganda, defamation, information about the manufacture or use of illegal substances, weapons or parts thereof, personal data, etc.).

3.3. If the Agreement is terminated, the User shall immediately stop using the Antiplagiat® SS.

4. Rights and Obligations of the Parties

4.1. The User shall be entitled to:

4.1.1. have round-the-clock access to the Antiplagiat® SS and the Website, except as otherwise provided for in the Offer (Agreement);
4.1.2. select (establish) or exclude any parameters for a check in terms of searching and identifying text reuse for obtaining a full report;
4.1.3. stop using the Commercial Version by not paying the Rate Plan. In this case, the User shall retain the use of the Basic Version;
4.1.4. at any time send the Right Holder a request to delete his/her Account and all User data entered by him/her in the Antiplagiat® SS;
4.1.5. delete from his/her account texts or images in electronic form previously uploaded by the User for checking in the Antiplagiat® SS. In this case, the User understands that when the User deletes from his/her personal account a text or image that was previously checked in the Antiplagiat® SS to detect and identify reuse, the corresponding Antiplagiat® SS report on such deleted text or image will become unavailable to the User, unless the User restores the text or image deleted by him/her within one day from the time of deletion.

4.2. The User shall:

4.2.1. use the Antiplagiat® SS in accordance with the terms and conditions of the Offer (Agreement), strictly comply with the restrictions of use of the Antiplagiat® SS specified in the Offer (Agreement), as well as in the User Documentation;
4.2.2. if the User decides to use the Commercial Version, pay fees (the Rate Plan) to the Right Holder in accordance with the procedure set forth in the Offer (Agreement). Keep documentary evidence of payment of the Rate Plans for at least three years, calculated from January 1 of the year following the year in which the payment was made;
4.2.3. keep Login and Password confidential: keep them safe and secure, use them only personally, not disclose them to other persons, and be liable for their loss;
4.2.4. immediately notify the Right Holder of any unauthorized use of the Login and/or Password by the User, or of any other security violation of the use of the Antiplagiat® SS;
4.2.5. carefully handle the personal data provided for the use of the Antiplagiat® SS in accordance with the applicable data protection laws;
4.2.6. review the current version of the Offer (Agreement) from time to time, accept its terms or immediately refuse to use the Antiplagiat® SS in case of disagreement therewith;
4.2.7. not later than three business days from the date of sending the request to the User, provide the Right Holder with information on the User’s compliance with the terms and conditions of the Offer (Agreement) and/or the information necessary to fulfill the terms and conditions of the Offer (Agreement).

4.3. The Right Holder shall be entitled to:

4.3.1. receive information from the User about his/her compliance with the terms and conditions of the Offer (Agreement) and/or information necessary to fulfill the terms and conditions of the Offer (Agreement);
4.3.2. get paid in accordance with the terms and conditions of the Offer (Agreement), provide discounts and hold promotions to reduce the cost of the Rate Plan;
4.3.3. without prior notice to the User, upgrade (improve) the Antiplagiat® SS without changing its purpose and providing it for use according to the international standard “as is”, as well as make technical updates and improvements;
4.3.4. unilaterally terminate the use of the Antiplagiat® SS in cases of violation by the User of the laws of the Russian Federation and/or the terms and conditions of the Offer (Agreement), as well as refuse to handle the requests from any web sites, programs, and users who violate the terms and conditions of the Offer (Agreement);
4.3.5. carry out preventive maintenance of its equipment, Antiplagiat® SS, wherefore temporarily suspend the use of the Antiplagiat® SS;
4.3.6. without prior notice, at any time disable or suspend for an indefinite period of time the use of the Antiplagiat® SS in relation to the Basic Version of the Antiplagiat® SS, as well as introduce any restrictions on its use;
4.3.7. delete the User’s data upon receipt of a request from him/her to do so;
4.3.8. without prior notice to the User, delete all User’s data and reports, retaining his/her Account if a) the User fails to use the Antiplagiat® SS for six (6) consecutive months or more (Clauses 2.8 and 4.4.3 of the Offer); or b) the User violates the terms and conditions of the Offer (Agreement);
4.3.9. without prior notice to the User, delete the User Account in the Basic Version, including all data and reports on the text checks made, if the User does not use the Basic Version of the Antiplagiat® SS for two consecutive years or more (Clause 2.8 of the Offer);
4.3.10. use information about the User (including IP address, browser version, operating system version, etc.), as well as statistical information (data) about the texts uploaded by the User to the Antiplagiat® SS, in order to compile statistical data on the use of the Antiplagiat® SS, as well as publish and/or transfer such statistical data to third parties, other than the User’s personal data and the text files uploaded by the User;
4.3.11. impose restrictions on the use of the Antiplagiat® SS, including in relation to: ● certain functions of the Antiplagiat® SS; ● the period of storage of the data entered by the User; ● the maximum number of registered accounts from one IP address; ● the maximum number of texts uploaded for checking, their edits and transfers, texts sent for checking; ● checks of texts and other actions that can be performed by one registered user; ● the maximum size of a text file uploaded for checking; ● the maximum number of requests to the Antiplagiat® SS for any period of time; ● special parameters of text files uploaded for checking, etc. The Right Holder may prohibit automatic access to the Antiplagiat® SS, as well as stop receiving any information generated automatically (e.g., user accounts, texts);
4.3.12. use the data uploaded by the User to the Antiplagiat® SS, including text files, for the purposes of testing the Antiplagiat® SS with technical modification or elimination of operation errors, including by another person engaged by the Right Holder to perform these actions;
4.3.13. at its own discretion and without prior notice to the User, improve the features and search modules of the Antiplagiat® SS within the existing Rate Plans, and set the features and search modules of the Antiplagiat® SS within the new Rate Plans;
4.3.14. not refund the money to the User for any completed check for searching and identifying text reuse, provided that the User has obtained the full report of Antiplagiat® SS in accordance with the parameters for a check in terms of searching and identifying text reuse, which were selected (established) or excluded by the User.

4.4. The Right Holder shall:

4.4.1. allow the User to use the Antiplagiat® SS around the clock, except as otherwise provided for in the Offer (Agreement);
4.4.2. keep the User’s personal data confidential, taking into account the requirements of the applicable laws of the Russian Federation;
4.4.3. ensure that the data entered by the User in the Antiplagiat® SS (including texts or images uploaded by the User in the User’s Account for checking) is kept secure for six (6) months following the Inactive Status of the User, except as otherwise provided for in the Offer (Agreement);
4.4.4. promptly fix bugs in the Antiplagiat® SS caused by the Right Holder;
4.4.5. routinely perform preventive maintenance of the Antiplagiat® SS, if possible, at night or on weekends;
4.4.6. backup the User’s data and information at reasonable intervals;
4.4.7. index the electronic materials uploaded for checking by the User to create an array (collection) for a search index for further searches.

5. Fees. Settlement Procedure

5.1. If the User chooses to use the Commercial Version, the User shall pay a fee to the Right Holder, according to the Rate Plan selected by the User, as an advance payment (100% of the amount of the Rate Plan selected by the User).

5.2. When paying for the use, Antiplagiat® SS shall automatically inform the User via the user interface (https://users.antiplagiat.ru/payment) about the total amount of fee, which depends on the number of text checks selected by the User.

5.3. See the Website for methods of payment (remuneration): https://users.antiplagiat.ru/payment. Payments may be made using https://www.robokassa.ru or https://yookassa.ru. Payments shall be made in Russian rubles. The User may also make payment using the payment service: https://robokassa.kz/. In this case, the payments shall be made in tenge, and the payment shall be made to the settlement account of the Right Holder’s partner — Antiplagiat.Kazakhstan LLP: BIN: 210440000453, (Republic of Kazakhstan, Almaty), support@antiplagiat.ru.

5.4. The User’s payment obligation shall be deemed to have been fulfilled on the date the relevant funds are credited to the settlement account of the Right Holder or its partner — Antiplagiat.Kazakhstan LLP.

5.5. If the User terminates the Agreement early (the User stops using the text checks for the detection and identification of reuses he/she has paid for), the Right Holder shall, upon the User’s written application, refund the funds paid by the User, less: a) the full cost of the text checks made by the User, calculated at the price of one text check (without discounts) as specified on the Website https://users.antiplagiat.ru/tariffs on the date of purchase of text checks at the Rate Plan selected by the User and b) the amount of the User’s payment service or bank fees charged for the refund of the remaining funds to the User.

5.6. The Right of Use of the Commercial Version shall be activated automatically upon receipt of the fee to the bank account of the Right Holder or its partner — Antiplagiat.Kazakhstan LLP. The Reference Period begins upon the Rate Plan activation. The number of text checks is written off one by one (from old to new).

5.7. When making a payment, the User shall, at his/her own expense, pay all fees (or other mandatory payments) charged by the banking institutions or payment systems.

5.8. In the event of a change in the Rate Plan by the Right Holder (with mandatory publication on the Website), the Right Holder shall not recalculate the fees for the periods of the Right of Use (Reference Periods) already paid by the User.

6. Liability of the Parties

6.1. The Parties shall be liable for non-performance or improper performance of their obligations hereunder in accordance with the laws of the Russian Federation.

6.2. The User shall use the Antiplagiat® SS in accordance with the application purpose of the Antiplagiat® SS, in accordance with the generally accepted international standard “as is”, without any warranties of the Right Holder as to the fitness of the Antiplagiat® SS for any purpose of the User or joint use with any computer software/hardware. The Right Holder shall not be liable for any damages (losses) directly or indirectly related to the use, misuse or inability to use the Antiplagiat® SS by the User, nor shall it be liable for any loss or damage to the data.

6.3. The proven liability of the Right Holder shall be limited to the amount of the last payment made by the User.

6.4. The Right holder shall not be liable:

6.4.1. for operation of the Antiplagiat® SS and the damages (losses) incurred if the User (or third parties on the User’s part) independently made changes to the Antiplagiat® SS or for any failures caused by the incompatibility of the Antiplagiat® SS with the User’s computer equipment or computer software;
6.4.2. for any actions of the User related to the use by him/her of the Antiplagiat® SS and files created by him/her during the use of the Antiplagiat® SS;
6.4.3. for restriction or lack of access to the Antiplagiat® SS, when it is caused by: a) actions of the User; b) technical issues of the User’s access to the Internet; c) actions of third parties, including state bodies; d) preventive maintenance of the Antiplagiat® SS;
6.4.4. for the content or performance of the Internet resource(s) which the Antiplagiat® SS will provide the User with online link(s) to as a loan source;
6.4.5. for viruses on the Internet resources to which Antiplagiat® SS will provide a link and/or for any damage to the User’s software and/or equipment and/or other consequences as a result of the User’s following these online links;
6.4.6. for the content of the texts or images checked by the User using the Antiplagiat® SS;
6.4.7. for the selection (establishment) or exclusion by the User of the parameters for a check in terms of searching and identifying text reuse in order to obtain a full report of Antiplagiat® SS;
6.4.8. for the User’s failure to read this document (Offer), other documents pertaining to Antiplagiat® SS available to the User at the Website, or for non-literal understanding of the Offer (Agreement) by the User;
6.4.9. for deletion by the User of texts or images from the User’s account. Deleted texts or images shall not be restored, unless the User restores the text or image he/she deleted within one day from the time of deletion.

6.5. The use of the Antiplagiat® SS by the User in a manner not stipulated herein, or after the termination of the Agreement, or otherwise beyond the scope of the rights granted hereunder, shall entail liability prescribed by the laws of the Russian Federation, as well as entitle the Right Holder to a unilateral out-of-court termination of the Agreement and termination of the use of the Antiplagiat® SS by the User.

6.6. The Right Holder cannot guarantee that the online resource referred to by Antiplagiat® SS is the primary source of the information.

7. Final Provisions

7.1. Deleting the User Account automatically and indisputably terminates the legal relations between the Parties.

7.2. The Right Holder shall be entitled to amend the Offer unilaterally. The actual use of Antiplagiat® SS by the User after the amendments hereto shall mean the User’s consent to the new terms and conditions as the terms and conditions of the Agreement. If the User does not agree with the amendments made, he/she must immediately stop using the Antiplagiat® SS, notify the Right Holder thereof and unilaterally terminate the Agreement.

7.3. The User shall specify his/her contact information when filling out the registration form, in the Account, or otherwise as agreed by the Parties. The User shall bear all the risks arising out of the submission of inaccurate (invalid) contact information.

7.4. All disputes between the Parties that have not been settled may be referred to the court at the location of the Right Holder (Moscow, Russian Federation).

7.5. Before referring a dispute to the court, the Parties shall employ mandatory pre-action protocols. The Party filing the claim shall provide the other Party with an accurate and detailed description as well as documentary evidence of the claims being filed, calculations of the reimbursement seeked, etc.

7.6. The Party against which a written claim is filed shall review it and send a written motivated response thereto to the other Party within fifteen (15) business days from the date of receipt of the written claim. The Right Holder may suspend performance of its obligations under the Agreement if it receives a claim against the Right Holder, or if a claim is submitted to the Licensee.

7.7. The Parties shall observe and perform the terms and conditions of the Agreement during the dispute resolution period, save for that portion thereof to which the disputes in question relate. Without complying with the pre-action protocols set forth herein, the Parties may not refer a dispute or disagreement to a court of law.

7.8. The Parties shall take every reasonable effort to resolve the dispute promptly and acknowledge their consent to the delivery of all notices, letters, and other documents by e-mail, the Internet, or fax, including the delivery of copies of the Statement of Claim and the documents attached thereto to the Respondent’s representative with a record of the method of dispatch.

7.9. If one or a few terms of the Offer (Agreement) become (are held) invalid as envisaged by the laws, this shall not affect the validity of other Offer (Agreement) terms or of the Offer (Agreement) in general.

7.10. The obligations of the Right Holder shall be terminated as impossible to fulfill, if at least one of the following events directly affecting the Right Holder occurs, for which the Right Holder is not liable: disconnection of Russia (Moscow) from the Internet; power outage in Moscow; destruction of the Right Holder’s property due to a natural disaster, fire, military actions, act of terrorism, civil unrest, etc.; interference (including illegal) of a government authority blocking the activities of the Right Holder; failure of the Right Holder’s data center; radical changes in the legislation (political regime); emergency situation in Moscow or the introduction of martial law, mobilization; blocking the banking (payment) system of the Russian Federation or the Right Holder’s accounts; acts of God, epidemics (pandemics) within the meaning of Article 401 of the Civil Code of the Russian Federation; other events rendering it impossible to perform the Agreement in accordance with Article 416 of the Civil Code of the Russian Federation.

7.11. Nothing herein contained shall be construed as creating or purporting to create any agency, employment, partnership, joint venture, personal employment, or similar relationship between the Parties.

7.12. The Offer (Agreement) shall be construed in accordance with the laws of the Russian Federation in effect on the date of approval of this version of the Offer (Agreement) by the CEO of the Right Holder — JSC Antiplagiat.

7.13. Company details of the Right Holder: Antiplagiat JSC (OGRN (Primary State Registration Number) 1057747076078, INN (Taxpayer Identification Number) 7705664677, KPP (Tax Registration Reason Code) 773101001; 42 Bolshoy Boulevard (Skolkovo Innovation Center), Building 1, Floor 0, Premises No. 111, Workplace No. 11, Moscow 121205, Russian Federation; mailing address: 33 Varshavskoye Shosse, PO Box 65, Moscow, 117105; https://www.antiplagiat.ru/; info@antiplagiat.ru, sales@antiplagiat.ru; +7 (495) 223-23-84, 8 (800) 777-81-28; OKPO (Code as per Russian National Classifier of Enterprises and Organizations) 77479562, OKTMO (Code as per the Russian National Classifier of Municipal Territories) 45321000000; Payment details: settlement account 40702 810 738060018657 with Sberbank PJSC, Moscow; correspondent account 810 400000000225; BIK (Bank Identification Code) 044525225).