Public Offer Agreement
Marchenko Sergey Vladimirovich, hereinafter referred to as the "Contractor", expresses his intention to conclude an agreement on the provision of Services with an individual interested in receiving the specified services or services, hereinafter referred to as the "Customer".
1. Terms and definitions used in this agreement
1.1. Site – website hosted on the Internet at https://aimto.top, including subdomains.
1.2. User – a person gaining access to applications, services, services and information posted on the Site.
1.3. Personal account – a closed section of the Site, available to the Customer after his registration on the Site and authorization (entering a login and password), designed to perform various actions within the functionality of the Site and manage the settings of the Site's services, as well as enter (edit) the Customer's information posted on his Personal page, view contact details of Users and use of other functions of the Site.
1.4. Program – computer program "Aim", which is a collection of data and commands intended for the operation of a computer and other computer devices in order to obtain a certain result.
1.5. Bank card — a debit or credit card issued by the Issuing Bank, which is a non-cash payment instrument intended for the Cardholder to perform transactions with funds held on the Cardholder's bank accounts with the Issuing Bank, or with funds provided by the Issuing Bank on credit to the Holder card in accordance with the legislation of the Russian Federation, as well as a bank account agreement, or within the established limit, in accordance with the terms of the loan agreement between the Issuing Bank and the Cardholder, provided that such a settlement or credit card can be used by the Cardholder for payment Service Provider.
1.6. Paid goal — the purpose of the User, marked by him as paid. Access to such goals is partially limited for other Users (stories, cases, discussions). To gain access to such a goal, other Users may pay at the price indicated on the goal page.
2. Subject of the contract
2.1. The Contractor undertakes to provide the Customer with services in accordance with the list of services located on the Site, and the Customer undertakes to accept and pay for the Contractor's services in accordance with the terms of this Agreement.
2.2. The provision of services is carried out by providing the Customer with access to the service and its functionality, as well as ensuring the performance and functionality of the Site by the Contractor.
2.3. The Customer independently determines all the necessary parameters for the provision of the Site services to him by selecting the appropriate settings in the Customer's Personal Account on the Site, within the limits determined by the functionality of the service.
2.4. The Customer is identified on the Site when the latter enters unique account information (a combination of e-mail and password) on the authorization web page at https://aimto.top/en/login/. When using the services of the Site, the analogue of the Customer's handwritten signature is his unique account information (e-mail and password), and he is solely responsible for their safety and inaccessibility to persons unauthorized for any actions with the Site.
3. General provisions
3.1. Any materials, files and services contained on the Site in the public domain can be reproduced in any form, in any way, in whole or in part only with the written permission of the Contractor. When the User reproduces the materials of the Site, including copyrighted works, a link to the Site is required, and the text of the specified link should not contain false, misleading, pejorative or offensive information. Translation, processing (modification), any modification of the materials of the Site, as well as any other actions, including deletion, modification to subtle information and information about copyrights and copyright holders, is not allowed.
3.2. Any use of the Site materials from protected sections and subsections of the Site through reproduction, distribution, import of the original, etc. in any form, by any means is prohibited.
3.3. Access to information located on the protected sections of the Site is allowed only to registered Users who have received a password to enter the protected sections of the Site. The password cannot be transferred to other persons, and the User is fully responsible for all damage caused to him, the Contractor or third parties arising from the intentional or unintentional transfer of the password by the User to another person. The user is responsible for maintaining the confidentiality of the password and any use of the Site through his password.
3.4. Any computer programs that can be downloaded from the Site (hereinafter referred to as Programs) are protected by copyright law, being the intellectual property of the Contractor, its partners or other third parties who have granted the Contractor the appropriate rights and permissions to use such Programs.
3.5. The Contractor does not guarantee that the Site software does not contain errors and / or extraneous code fragments. The Contractor provides the Customer with the opportunity to use the software of the Site without any guarantees from the Contractor.
3.6. The Contractor is not liable for losses caused to the Customer as a result of the User reporting false information, as well as caused by the actions (inaction) of the User. The Contractor does not guarantee that the information about the Users is reliable and complete.
3.7. The Contractor makes every possible effort to ensure the normal operation of the Site, but is not responsible for non-performance or improper performance of obligations under the Agreement, as well as possible damage resulting from:
3.7.1. illegal actions of Internet users and / or other entities aimed at violating information security or the normal functioning of the Site.
3.7.2. failures in the operation of the Site caused by errors in the code, computer viruses and other extraneous fragments of code in the software of the Site.
3.7.3. the absence (impossibility of establishing, terminating, etc.) of Internet connections between the Customer's device and the Site server.
3.7.4. conducting operational-search activities by state bodies.
3.7.5. the establishment of state regulation (or regulation by other organizations) of the economic activities of commercial organizations on the Internet and / or the establishment by the specified entities of one-time restrictions that make it difficult or impossible to fulfill the Agreement.
3.7.6. other cases related to actions (inaction) of Internet users and/or other entities aimed at worsening the general situation with the use of the Internet and/or computer equipment that existed at the time of conclusion of the Agreement. In addition, in connection with the use of computer and other equipment, communication channels and (or) computer programs owned by third parties, the Parties agree that the Contractor under the Agreement shall not be liable for any delays, interruptions, direct and indirect damage or loss occurring due to defects in any electronic or mechanical equipment and (or) computer programs, or due to other objective technological reasons, as well as as a result of actions or inactions of third parties, problems in data transmission or connection, power outages that occurred not due to the fault of the Contractor.
3.8. The rules, conditions and restrictions on the use of the Programs and related online services are governed by the provisions of the license agreements that the User agrees to when installing, launching and using the Program and/or the online service related to it. Violation of the terms of the license agreement may lead to the application of civil, administrative and/or criminal liability against the User.
3.9. The User is not entitled to reproduce, distribute, modify or otherwise use the Program, unless the appropriate method is provided for in the license agreement of the Program.
3.10. The current version of this Agreement is posted from the Internet on the Site. The Contractor has the right at any time to unilaterally change the terms of this Agreement. Such changes come into force after 2 (two) days from the moment the new version of the Agreement is posted on the Internet on the Site. If the User does not agree with the changes made, he is obliged to delete all the materials of the Site he has, with the exception of the Programs, the rights to use which he lawfully has, and then stop using the materials and services of the Site. The use of any of the functionality of the tools and services of the Site is the full and unconditional acceptance of the amended Agreement by the User, therefore he is obliged to regularly review this Agreement and additional conditions or notices posted on the Site.
3.11. If the User is a member of the affiliate program of the Contractor and an appropriate agreement has been concluded between the parties, then the provisions of such an agreement regarding the use of the Site shall prevail over the terms of this Agreement.
4. Rights and obligations of the parties
4.1. The User agrees not to take actions that may be considered as violating the laws of the Russian Federation or international law, including in the field of intellectual property, copyright and / or related rights, as well as any actions that lead or may lead to a violation of the normal operation of the Site and services Website.
4.2. Any means of individualization, including trademarks and service marks, as well as logos and emblems contained on the pages of the Site, are the intellectual property of the Contractor. The Site User is prohibited from reproducing or otherwise using these means of individualization and / or their elements without the prior written permission of the Contractor.
4.3. The User is solely responsible for any information and materials posted by him on the Site. The Contractor does not initiate the placement of the specified information, does not select recipients of information, does not affect the content and integrity of the posted information, and also does not know and cannot know at the time the User places information on the Site whether such placement violates the current legislation of the Russian Federation, however, the Contractor has the right to monitor , view, correct and / or delete any information and materials posted by the User on the Site.
4.4. When posting any information and materials, the User does not become a co-author of the Site and waives any claims for such authorship in the future. The Contractor does not pay the User the author's or any other remuneration, both during the period and after the expiration of this Agreement.
4.5. The Contractor seeks to ensure the accuracy of the information posted on the Site, but is not responsible for any inaccuracies and / or unreliability of the information, as well as failures in the operation of the services provided through the Site. The User agrees that the Contractor is not responsible and has no direct or indirect obligations to the User in connection with any possible or arising losses or damages related to any content of the Site, intellectual property, goods or services available on it or obtained through external sites or resources or other expectations of the User that have arisen in connection with the use of information posted on the Site or links to external resources.
4.6. Under no circumstances, including but not limited to the inattention or negligence of the User, the Contractor shall not be liable for any damage (direct or indirect, accidental or natural), including but not limited to loss of data or profits associated with the use or inability to use the Site, information, Programs, files or materials on it, even if the Contractor or its representatives were warned about the possibility of such loss. In the event that the use of the Site will lead to the need for additional maintenance, correction or repair of any equipment, as well as the restoration of data, all related costs are paid by the User.
4.7. The Contractor has the right to refuse to place links to competing services and sites (including communities of competing services/sites).
4.8. All information presented on the Site is provided "as is", without any warranties, express or implied, unless it is specifically stipulated in license agreements or partnership agreements. The Contractor fully, to the extent permitted by law, disclaims any liability, express or implied, including, but not limited to, the implied warranties of fitness for use, as well as warranties of the legality of any information, product or service obtained or purchased from using the Site.
4.9. The Customer independently determines the list of organizational and software tools for keeping its Accounting Information secret and ensuring authorized access to it by its employees. The Contractor shall not be liable for losses caused to the Customer as a result of disclosure to third parties of the Customer's accounting information that occurred through no fault of the Contractor.
4.10. During the term of the Agreement, the Contractor has the right to monitor the use by the Customer of the Site and the Contractor's Database.
4.11. The Contractor undertakes not to disclose to third parties the Accounting Information of the Customer, as well as information about the use by the Customer of the Contractor's Database.
4.12. The Contractor reserves the right to suspend the operation of the Site for maintenance work, if possible at night or on weekends. The Contractor, to the extent possible, may notify the Customer of the preventive maintenance by posting relevant information on the Site or by e-mail.
4.13. Neither Party shall be liable for full or partial failure to perform any of its obligations under the Agreement, if the failure is the result of such circumstances as flood, fire, earthquake, other natural disasters, war or hostilities and other force majeure circumstances arising after the conclusion Agreement. In the event that the Customer encounters force majeure circumstances (force majeure) that prevent the latter from using the Services of the Contractor, the Customer must notify the Contractor about this no later than 1 day from the date of occurrence of such circumstances. Otherwise, the Customer loses the right to a refund for the period during which he did not use the Services of the Contractor.
4.14. In case of force majeure circumstances for more than 3 (three) months, any Party has the right to unilaterally refuse to fulfill its obligations under the Agreement (terminate the Agreement).
4.15. The parties have established that the liability of the Contractor under the Agreement is limited to the amount of the last payment made by the Customer.
5. Terms of processing and use of personal data.
5.1. By accepting the terms of this Agreement, the User expresses his consent to the provision of personal data in those services of the Site where such information is requested. The procedure for the Contractor's handling of personal data is specified by Privacy Policy posted on the Site.
5.2. The purpose of processing the Contractor's personal data is to provide services to the User through the use of the Contractor's Website.
5.3. The list of actions with personal data to which the User expresses his consent: collection, systematization, accumulation, storage, clarification (updating, changing), use, depersonalization, transfer to third parties for the above purposes, as well as the implementation of any other actions provided for by the current legislation of the Russian Federation, both manual and automated methods.
5.4. The Contractor undertakes to take all necessary measures to protect the User's personal data from unauthorized access or disclosure.
5.5. The User's consent is valid until the moment it is withdrawn by the User by sending a corresponding notification to the email address support@aimto.top
5.6. The User agrees to receive by e-mail, the address of which the User indicates when registering on the Site or any of the services of the Site, informational or advertising messages regarding the products and services of the Contractor, its partners or other Users of the Site.
6. Validity and termination of the Offer Agreement
6.1. This agreement is considered concluded in the following cases:
6.1.1. After signing the Agreement by the Parties.
6.1.2. In case of receipt of payment for services, which will be the acceptance of the Agreement by the Customer.
6.1.3. If the Customer fills out the registration form on the website and sends the information provided in the specified form by clicking the "Register" button; on the Contractor's Website, which will be the acceptance of this offer by the Customer. Successful registration is confirmed by the ability to access the Personal Account on the Contractor's Website.
6.2. The Agreement is concluded for an indefinite period and may be terminated at the initiative of either Party, with a written warning to the other Party 10 (Ten) working days before termination. In case of termination of the Agreement at the initiative of the Customer, in accordance with paragraph 1 of Art. 782 of the Civil Code of the Russian Federation, the Contractor shall return to the Customer the funds paid as an advance payment by the Customer to the Contractor under the Contract, minus the cost of the services actually rendered and the cost of the Contractor's fixed costs associated with the initial system setup, payment system commissions and accounting and legal support. The amount of fixed costs is recognized by the Parties as equal to 50 (fifty) percent of the Customer's advance payments.
6.3. All disputes and disagreements that may arise will, if possible, be resolved through negotiations between the Parties. If it is impossible to resolve the dispute through negotiations, it will be referred by the Parties to the Arbitration Court at the location of the Contractor.
7. Payment and return procedure
7.1. All settlements of the Parties under this Agreement are made in any currency supported by the payment system connected on the Site.
7.2. The amount of remuneration is determined on the basis of the service chosen by the User and its cost.
7.3. The User guarantees that he is the Holder of the Bank Card, consciously, correctly and completely enters all the required details of the Bank Card when activating (connecting) the services of the Site.
7.4. When paying for access to another User's paid goal, the Customer is not entitled to a refund.
7.4. When receiving income from their paid goals, the User has the right to withdraw funds minus the service commission (30%). At the same time, the Contractor does not act as a tax agent and the User must independently pay taxes on the income received. The minimum withdrawal amount is $10.
8. Miscellaneous
8.1. On issues not regulated by this agreement, the Parties are guided by the current legislation of the Russian Federation.
8.2. The customer warrants that:
8.2.1. Fully understands all the conditions and content of the Agreement.
8.2.2. Concludes the Agreement voluntarily.
8.2.3. Has all the rights and powers to conclude the Agreement.
8.2.4. The information posted by him on the Site does not violate the current legislation, incl. Federal Law "On Advertising" and does not mislead visitors to the Site.
8.2.5. The information specified by the Customer during registration is complete and reliable.
8.3. All and each of the provisions contained in this Agreement shall be considered as a separate and independent provision, and the recognition of any provision of the Agreement as illegal or inapplicable cannot affect the legality or applicability of other terms of the Agreement.
Contact:
Marchenko Sergey Vladimirovich
E-mail: msv@aimto.top