Fasti.me User Agreement
1. General terms
1.1. The subject of regulation of this User Agreement (hereinafter - the “Agreement”) are the relations between Limited Liability Company “GLS-Consulting” (INN 7717738764, Russia, 127572, Moscow, Uglichskaya St., 12, bldg. 1, room 209 ), hereinafter referred to as “GLS-Consulting” or “Company”, being the right holder of sites, services, programs and/or other products (applications), including information, communication, advertising, educational, entertainment and other products (hereinafter referred to as “Service”), available on the Internet at https://fasti.me and https://app.fasti.me” (hereinafter referred to as ‘Site’), and individuals using the Internet (hereinafter referred to as ‘User’), regarding the use of the Fasti.me Service. This Agreement is available at https://fasti.me/agreement_policy.
1.2. Use of the Service by the User in any manner or form within its stated functionality, including:
- viewing the materials posted on the Site;
- registration and/or authorization on the Site,
- posting or displaying on the Site any materials, including but not limited to: text, hypertext links, images, audio and video files, information and/or other information,
creates a contract on the terms and conditions of this Agreement in accordance with the provisions of Articles 437 and 438 of the Civil Code of the Russian Federation.
1.3. By utilizing any of the above opportunities to use the Service, the User confirms that they:
a) Familiarized with the terms of this Agreement in full before using the Service.
b) Accepts all the terms of this Agreement in full without any exceptions or limitations and undertakes to comply with them or stop using the Service. If the User does not agree to the terms of this Agreement or is not authorized to enter into an agreement based on them, the User should immediately discontinue any use of the Service.
c) The Agreement (including any of its parts) may be amended by the Company without any special notice. The new version of the Agreement comes into force from the moment of its posting on the Site.
1.4. Furthermore, the relationship between the Parties is governed by the Fasti.me Privacy Policy, which is available at https://fasti.me/privacy_policy.
1.5. Upon registration, each access and/or actual use of the Service, the User agrees to the terms of this Agreement, the General Privacy Policy of GLS-Consulting in the editions that were in effect at the time of actual use of the Service.
1.6. The following terms and definitions shall apply in this Agreement and the Parties' relations arising out of or related to it:
- Site - a set of graphic and informational materials, as well as computer programs and databases, ensuring their availability on the Internet at the network address https://fasti.me and https://app.fasti.me”.
- User - a legally capable natural person who has joined this Agreement in their own interest or acting on behalf and in the interests of a legal entity represented by them.
- Service - a set of services provided to the User - Fasti.me (https://app.fasti.me).
2. Subject of the Agreement
2.1. Under the terms of this Agreement, GLS-Consulting provides the User with access to the Fasti.me Service via web and/or mobile interface for the purpose of providing services and/or granting rights to use the Service.
2.2. GLS-Consulting has the right to establish restrictions on the use of the Service, which may be contained in this Agreement.
3. Procedure for User registration in the Service
3.1. In order to use the Service or to obtain the rights to use additional functional (software) features of the Company's Service, the User must create an Account by completing the registration procedure.
Registration is carried out by filling in the registration form on the Fasti.me Service. When filling in the registration form, the User chooses the login and password necessary for further access to the User's Account, specifies the mandatory, minimum data required for registration, as well as the information that allows the User to restore access to their Account. The Company does not verify the accuracy of the information provided by Users, except for cases when such verification is necessary for the purposes of fulfillment of the Company's obligations to Users.
3.2. The login and password chosen by the User are necessary and sufficient information for the User's access to the Service. The User has no right to transfer their login and password to third parties and bears full responsibility for their safety, independently choosing the method of their storage.
3.3. The Company cannot be held responsible and guarantee the security of the User's Account in cases of: transfer of login and password by the User to third parties (intentionally or negligently); access of third parties to the User's Account due to the User's use of forms located on external websites, using software tools that allow the selection and/or decoding of the password; access of third parties to the User's Account by simply selecting the password; failure of the User to fulfill the recommendations specified in the User's account; failure of the User to use the User's login and password to access the User's Account.
3.4. Terms of Use of the Fasti.me Service.
3.4.1. To start using the Fasti.me Service, the User must register by assigning a unique name (Login) and password. Upon completion of the registration process, the User becomes the owner of the Account. From the moment the User logs in to their account, they are responsible for the security of the data entered, as well as the Login and password.
3.4.2. When the User has finished using the Fasti.me Service, they are responsible for terminating their account by clicking the “Logout” button.
3.4.3. From the moment of registration in the Fasti.me Service, the User is given the opportunity to purchase a subscription, subject to the restrictions specified in clause 3.4.3.1 and clause 3.4.3.2. 3.4.3.2. of the Agreement, except for the trial access to the Fasti.me Service “Trial Period”.
3.4.3.1. For individual Users:
The payment plans of the Fasti.me Service (containing a certain number of limits depending on the selected payment plan) are indicated on the Site of the Fasti.me Service: https://app.fasti.me/tariff. The payment plans of the Fasti.me Service are paid every 30/90/180/365/545 days, depending on the selected payment plan. The validity period of the payment plan is 30/90/180/365/545 days, respectively. The user has the right to buy additional limits, which are not included in the price of the payment plan. The validity period of the additional limits corresponds to the sum of the remaining validity days of the paid payment plan. Payment for a plan with a certain number of limits can be made either in manual mode or in auto-payment mode - at the User's discretion, payment for additional limits is made in manual mode. The limits are spent by the User on the corresponding tools of the Fasti.me Service.
The User has the right to deposit any amount of money in order to purchase additional limits in the Fasti.me Service for the subsequent use of the Fasti.me Service tools under the terms of the current payment plan (except for the trial access “Trial period”), or for the purchase of a new payment plan.
3.4.3.2. For Users-individual entrepreneurs/legal entities:
The payment plans of the Fasti.me Service (containing a certain number of limits depending on the selected payment plan) are indicated on the Site of the Fasti.me Service: https://app.fasti.me/tariff, whereby the minimum duration of the payment plan for Users-individual entrepreneurs/legal entities is 365 days. The payment plans of the Fasti.me Service are paid every 365/545 days, depending on the selected plan. The validity period of the payment plan is 365/545 days, respectively. The User has the right to purchase additional limits that are not included in the price of the payment plan. The minimum one-time payment for additional limits cannot be less than 5,000 (Five thousand) roubles 00 kopecks, VAT exclusive. The validity period of the additional limits corresponds to the sum of the remaining days of validity of the paid payment plan. The limits are spent by the User on the corresponding tools of the Fasti.me Service.
3.4.4. The purchase of a payment plan or additional limits is made by cashless transfer of funds in the form of a 100% prepayment. For Users-individual entrepreneurs/legal entities: the purchase of a payment plan or additional limits is made by bank transfer in the form of a 100% prepayment on the basis of a payment invoice provided by the Service Administration.
3.4.5. In case of commercial campaigns (promotions), discounts do not apply when paying from the User-individual entrepreneur/legal entity.
3.4.6. For individual Users:
Provision of access to the Fasti.me Service in accordance with the selected payment plan is considered to have been provided by the Service Administration properly and accepted by the User in full, if within 5 (Five) working days from the moment of providing access to the Fasti.me Service the Service Administration has not received any motivated written claims from the User.
3.4.7. For Users-individual entrepreneurs/legal entities:
The Service Administration sends to the User for signing the Universal Transfer Document (hereinafter - UTD) in 2 copies within 5 (five) working days from the date of receipt of funds on the settlement account, taking into account the following: in case of a one-time payment (in full) by the User of the selected payment plan, regardless of its duration, the UTD is provided to the User for the entire amount of payment made by the User.
3.4.7.1. The User shall review and sign the UTD within 5 (five) working days from the day of its receipt from the Service Administration, provided that the services have been rendered by the Service Administration properly and in full. The Service Administration may send the User the UTD by e-mail, or by postal mail, or in the electronic document management system (EDO). In this case, the exchange of documents and messages by e-mail has legal force equal to the exchange of documents by Russian Post or international mail. If the User has any claims to the services rendered by the Service Administration, the User shall provide the Service Administration with a reasoned refusal to sign the UTD within 5 (five) working days. In this case, in the reasoned refusal, the User shall state the reason(s) for the refusal and provide evidence that confirms that the Service Administration did not provide services or provided them improperly. If the User fails to sign the UTD within 5 (five) working days from the moment of its receipt or fails to send the Service Administration a reasoned refusal to sign the UTD within 5 (five) working days, the UTD shall be considered accepted, and the services shall be considered rendered in a timely, complete and proper manner and accepted by the User.
3.4.8. The free trial access “Trial Period” and/or other free updates during the period of validity of the Agreement (if any) are provided to the User without any guarantee, in the quality, scope and functionality that these services have as part of the Fasti.me Service. This means that the User has no right to make claims regarding the availability, scope, quality or functionality of the free services received and uses them, assuming all risks and responsibilities associated with the use of such free services.
3.4.9. The Service Administration provides technical support to the User, including issues related to the functionality of the Fasti.me Service and the services provided, as well as the peculiarities of operation of the Fasti.me Service.
3.4.10. The payment plans specified on the Site at https://app.fasti.me/tariff provide for a certain number of limits. If the User has unused and/or additional limits before the end of the payment plan and the User renews the current payment plan or signs up for a new one not later than 1 (one) calendar day before the end of the current payment plan, the unused limits and/or additional limits are transferred to the next paid period. If the User does not renew the current payment plan or sign up for a new one before the expiration of the current payment plan, the unused and/or additional limits are canceled. Upon expiration of the previous plan and/or termination of its validity, the limits of the previous plan are not saved in the new one - the limits of a higher payment plan are not subject to transfer (saving) after payment and transfer to a lower plan.
4. Materials posted by Users on the Service
4.1. The User is fully responsible for all information, data, text, photos and other materials (hereinafter “Materials”) publicly uploaded and/or transmitted through the Service. This means that the User is fully responsible for all Materials that the User uploads, sends, receives, transmits or otherwise makes available through the Service. The Company does not control the Materials transmitted by the Service and therefore does not guarantee the accuracy, completeness or quality of such Materials.
4.2. The User may not upload, transmit or publish Materials on the Service if the User does not have the rights or permission of the relevant copyright holder to post them. In case of claims from third parties related to the User's posting of Materials, the User shall settle such claims on its own and at its own expense. The e-mail address for sending such claims (complaints and reports) is info@fasti.me.
4.3. The User agrees to the use by the Company and/or other Users of the Service of the Materials posted by the User in such Service, if they are used within the limits of the functionality selected by the User.
4.4. Except as provided by this User Agreement and the applicable laws of the Russian Federation, no Materials may be copied (reproduced), processed, distributed, displayed, published, downloaded, transferred, sold or otherwise used in whole or in part without the prior permission of the Company or the relevant right holder, unless the right holder has explicitly expressed their consent to the free use of the Material.
4.5. The User, by utilizing the functionality of the Service, agrees that some information may be transferred to the Company's partners solely for the purpose of ensuring that the Company provides the relevant Service to the User, as well as granting the User the rights to use additional functional (program) features of the relevant Service provided jointly with these partners, and only to the extent necessary for the proper provision of the Service and/or functional features, as well as in other cases.
5. Rights and obligations of the User when using the Service
5.1. The User has the right to use the Service provided by the Company to realize its functional capabilities, in compliance with the terms and conditions of use of the Service provided by the Company.
5.2. The User undertakes not to use the Service and other products of the Company for:
5.2.1. achieving illegal purposes, and in case the Company establishes special purposes of using the Service - for achieving other purposes that are not explicitly specified in this Agreement;
5.2.2. uploading, sending, transmitting or any other way of publishing Materials (including, indicating its location by placing a link), which are illegal, harmful, threatening, offensive, containing materials of pornographic nature, defamatory, violating the rights of minors and/or causing them harm in any form, including moral, infringing on the rights of various minorities, which the User has no right to make available by law or under any agreements with third parties.
5.2.3. uploading, sending, transmitting or in any other way publishing advertising information not specifically authorized, including mass, unauthorized and/or not expected by the recipients, unsolicited mailings of advertising nature, including spam, as well as repeated sending of letters/messages to one addressee without their consent;
5.2.4. impersonation of another person or representative of any organization and/or community, including the Service support service, employees of the Company or other actions aimed at misleading Internet users or other persons;
5.2.5. uploading, sending, transmitting or in any other way publishing any Materials containing viruses or other computer codes, files or programs designed to disrupt, destroy or limit the functionality of any computer or telecommunication equipment or programs, to provide unauthorized access to computer systems, equipment or data of third parties, as well as serial numbers to commercial software products and programs for their generation, logins, passwords and other means. It is prohibited to use automated scripts (programs, bots, etc.) to collect information and (or) interact with the Service without the Company's consent;
5.2.6. to collect and store personal data of third parties in violation of the requirements of applicable law;
5.2.7. to perform other actions related to the violation of this Agreement and the requirements of the applicable laws of the Russian Federation.
As part of the Service, the User may be provided with the functionality to send messages to third parties. By sending messages to third parties through the Service, the User agrees that such sent messages may be identified as sent on their behalf. In this case, the User is independently responsible for all possible claims related to sending messages to such parties.
6. Rights and obligations of the Company when providing the Service
6.1 The Company carries out current management of the Service, independently determines its structure, appearance, allows or restricts access of Users to the Service in case of violation by such persons of the provisions of this Agreement and exercises other rights.
6.2 The Company has the right to block/delete the User's Account and (or) suspend, limit or terminate the User's access to the Service, and (or) delete all or some of the Materials posted by the User in the Service, without reimbursement of any costs or losses to the User, in the manner and on the terms provided in Section 7 of this Agreement.
6.3. The Company shall be entitled to:
6.3.1. on the terms and conditions set forth in this Agreement, provide the User with access to the Service;
6.3.2. make remarks to the Users, warn, notify, inform them about non-compliance with this Agreement. The Company's instructions on the use of the Service addressed to the User shall be binding on such User;
6.3.3. provide technical and informational support to the User within a reasonable period of time, necessary for access to the Service and its subsequent use;
6.3.4. collect and process information about Users, including their personal data, in the manner and on the grounds set forth in the Fasti.me Privacy Policy, as well as collect and process anonymized statistical data on the use of the Service;
6.3.5. place advertisements on the Site or the Service;
6.3.6. send messages (e-mail, sms, push notifications and other types of mailings) to Users via the Service and/or third party services, including messages from the Company's partners to whom the User has given consent to send messages by registering with the Service or otherwise, as well as messages about the introduction of new or canceled features of the Service. The User has the right to refuse to receive advertising messages at any time by sending a written application to the Company's e-mail address info@fasti.me.
6.3.7. to make direct contact with the User by means of communication (by phone, e-mail or other means) in order to receive information/comments from the User about problems/questions arising when using the Service or feedback on the functioning of the Service, necessary to eliminate errors in the operation of the Service and their further development/improvement;
6.3.8. suspend the provision of the Service without prior notice to Users in case of the need for urgent preventive maintenance work in the Service, in case of force majeure, as well as accidents or failures in software and hardware complexes of third parties cooperating with the Company, or actions of third parties aimed at suspension or termination of the Service;
6.3.9. prohibit the User from automatically accessing the Service, as well as stop receiving any information generated automatically (e.g. spam);
6.3.10. take measures not prohibited by law to protect their own rights in relation to the Service.
7. Termination of the User's Account, restoration of access to the Account, deletion of the Materials posted by the User
7.1. The User agrees that the Company reserves the right to block/delete the User's Account and (or) suspend, limit or terminate the User's access to the Service and (or) delete all or some of the Materials posted by the User in the Service, without explaining the reasons for such actions and without prior notice to the User, if necessary.
7.2. In particular, the Company may exercise the rights listed in clause 7.1. for the following reasons:
7.2.1. if it discovers in the User's actions signs of violation of the terms of this User Agreement;
7.2.2. at the appropriate request of the authorities and the court, if all the requirements of the applicable laws of the Russian Federation have been complied with;
7.2.3. in case of a complaint from another User or a third party who is the right holder of the Materials, after the appropriate inspection;
7.2.4. the User's failure to use the Account to access the Service for a period of 24 calendar months;
7.2.5. due to unforeseen problems of a technical or security nature;
7.2.6. due to interference and any disruption to the Service, including the use of any devices, software, etc.
7.3. Termination of the User's Account may result in:
7.3.1. removal of the User's access to the personal part of the Service;
7.3.2. deletion of the User's Materials contained in the Service.
7.4. The User is granted the right to refuse to use their Account by deleting it. If the User deletes their Account on the User's initiative and if such functionality is available, the User has the right to restore the Account within the period of time set by the Service by themselves, following the instructions of the Service received after entering the necessary login and password into the authorization form.
7.5 If the User loses the password to the Account, access to the Account can be restored only if the User provides accurate, correct and complete information specified when creating the Account, as well as if the User provides correct information to additional questions of the Company's support service, if it is necessary for the purposes of restoring access to the User's Account. If the User neglected to provide accurate, true and complete information or failed to answer additional questions of the support service, the Company's support service will not be able to restore access to the Account if requested.
8. The Company's right to intellectual property objects
8.1. The use by the User of means of individualization of the Company is only allowed with the consent of the Company.
8.2. The User acknowledges and agrees that the Service contains audiovisual works, computer programs, trademarks and other intellectual property objects, the rights to which belong to the Company (and/or the Company's counterparties), which cannot be used without prior consent from the Company.
8.3. The Company grants to the User, subject to the restrictions set forth in this Agreement, a non-exclusive and non-transferable right to use the software for its intended purpose provided within the Service, and provided that neither the User nor any other persons with the assistance of the User will copy or modify the software; create programs derived from the software; infiltrate the software to obtain codes of the software; and provide the User with the right to use the software for its intended purpose.
9. Responsibility of the Company
9.1 User understands and agrees that:
9.1.1 The Service is provided “as is”, unless otherwise explicitly provided for in this Agreement. The Company does not guarantee that the Service, as well as the results of using the Service will meet the User's purposes, expectations and requirements; the Company does not guarantee that the Service will be provided continuously, quickly, reliably and without errors; that the results that may be obtained by the User will be accurate and reliable; that the quality of the Service, as well as the results of using the Service, including information, will meet the User's expectations, and that all errors in the programs will be corrected;
9.1.2 The Company assumes no responsibility for the delay, deletion, non-delivery or failure to download any User's data, including the User's settings;
9.1.3. Any Materials (intellectual property objects) obtained by the User using the Service, the User may use at their own risk, and the User is responsible for any damage that may be caused to the User's computer and the User's data as a result of downloading these materials;
9.1.4. the Company shall not be liable for any direct or indirect losses incurred due to the use or inability to use the Company's Service, due to unauthorized access to the User's Account; or due to fraudulent activities of third parties.
10. Privacy of the Company
10.1. The Company may use technologies for authentication of Users, including the use of cookies, as well as use these technologies for marketing purposes to study the preferences of Users. In this case, such identification is non-personalized and generalized, the Company does not track the actions of individual Users and does not transfer information about them.
10.2. Within the limits of operation of the Service and in compliance with applicable law, the secrecy of messages and confidentiality of information about Users is ensured, except for cases provided for by the applicable laws of the Russian Federation.
10.3. The User agrees that if the Service allows sending messages, then outgoing and incoming messages of the User or downloaded Materials undergo certain automatic processing by the Company's programs for full transmission, reception and storage of messages/Materials. The mandatory automatic processing of Mail includes a necessary set of measures to detect malicious codes in the transmitted information, as well as their blocking or deletion (depending on the complexity of the code and the software of the Service). These measures are taken solely to protect Users' personal computers and to reduce the load on the Company's equipment.
11. Feedback and the procedure for consideration of claims
11.1. The User, who considers that their rights and interests are violated because of the Company's actions, can send a corresponding appeal. The Company's Technical Support Service is responsible for reviewing such appeals in accordance with the general procedure for reviewing incoming requests.
11.2. The User can send all appeals, including those concerning the operation of the Service, to the Technical Support Service info@fasti.me.
11.3. The User and the Company agree that all possible disputes regarding the User Agreement shall be resolved in accordance with the terms of this User Agreement and the applicable laws of the Russian Federation.
12. Amendments and additions to this Agreement
12.1. This Agreement may be amended by the Company without notice to Users by posting a new version of the amended Agreement on the Site. Amendments to the Agreement made by the Company shall come into force on the day following the day of publication of such amendments on the Site. The User undertakes to independently check this Agreement for any changes made. Failure of the User to perform actions on familiarization shall not serve as a basis for non-fulfillment by the User of its obligations and non-observance by the User of the restrictions established by this Agreement.
12.2. The User has the right to refuse to accept amendments and additions to this Agreement, which means the User's refusal to use the Service and all rights previously granted to them.
13. Final provisions
13.1. Nothing in this Agreement may be understood as establishing between the User and the Company agency relations, partnership relations, relations of joint activity, relations of personal employment, or any other relations not explicitly provided for by the Agreement.
13.2. Declaring any provision of the Agreement invalid or unenforceable by the court does not entail invalidity or unenforceability of other provisions of the Agreement.
13.3. Inaction on the part of the Company in case of violation of the provisions of the Agreement by the User or other third parties does not deprive the Company of the right to take appropriate actions in defense of its interests later.
13.4. This Agreement shall be regulated and interpreted in accordance with the applicable laws of the Russian Federation. Matters not regulated by this Agreement shall be resolved in accordance with the applicable laws of the Russian Federation.
13.5. All disputes of the Parties under this Agreement shall be settled by correspondence and negotiations using the mandatory pre-trial (claim) procedure. If the parties are unable to reach an agreement through negotiations, the dispute shall be referred by the interested party to the Moscow Arbitration Court.
1. General terms
1.1. The subject of regulation of this User Agreement (hereinafter - the “Agreement”) are the relations between Limited Liability Company “GLS-Consulting” (INN 7717738764, Russia, 127572, Moscow, Uglichskaya St., 12, bldg. 1, room 209 ), hereinafter referred to as “GLS-Consulting” or “Company”, being the right holder of sites, services, programs and/or other products (applications), including information, communication, advertising, educational, entertainment and other products (hereinafter referred to as “Service”), available on the Internet at https://fasti.me and https://app.fasti.me” (hereinafter referred to as ‘Site’), and individuals using the Internet (hereinafter referred to as ‘User’), regarding the use of the Fasti.me Service. This Agreement is available at https://fasti.me/agreement_policy.
1.2. Use of the Service by the User in any manner or form within its stated functionality, including:
- viewing the materials posted on the Site;
- registration and/or authorization on the Site,
- posting or displaying on the Site any materials, including but not limited to: text, hypertext links, images, audio and video files, information and/or other information,
creates a contract on the terms and conditions of this Agreement in accordance with the provisions of Articles 437 and 438 of the Civil Code of the Russian Federation.
1.3. By utilizing any of the above opportunities to use the Service, the User confirms that they:
a) Familiarized with the terms of this Agreement in full before using the Service.
b) Accepts all the terms of this Agreement in full without any exceptions or limitations and undertakes to comply with them or stop using the Service. If the User does not agree to the terms of this Agreement or is not authorized to enter into an agreement based on them, the User should immediately discontinue any use of the Service.
c) The Agreement (including any of its parts) may be amended by the Company without any special notice. The new version of the Agreement comes into force from the moment of its posting on the Site.
1.4. Furthermore, the relationship between the Parties is governed by the Fasti.me Privacy Policy, which is available at https://fasti.me/privacy_policy.
1.5. Upon registration, each access and/or actual use of the Service, the User agrees to the terms of this Agreement, the General Privacy Policy of GLS-Consulting in the editions that were in effect at the time of actual use of the Service.
1.6. The following terms and definitions shall apply in this Agreement and the Parties' relations arising out of or related to it:
- Site - a set of graphic and informational materials, as well as computer programs and databases, ensuring their availability on the Internet at the network address https://fasti.me and https://app.fasti.me”.
- User - a legally capable natural person who has joined this Agreement in their own interest or acting on behalf and in the interests of a legal entity represented by them.
- Service - a set of services provided to the User - Fasti.me (https://app.fasti.me).
2. Subject of the Agreement
2.1. Under the terms of this Agreement, GLS-Consulting provides the User with access to the Fasti.me Service via web and/or mobile interface for the purpose of providing services and/or granting rights to use the Service.
2.2. GLS-Consulting has the right to establish restrictions on the use of the Service, which may be contained in this Agreement.
3. Procedure for User registration in the Service
3.1. In order to use the Service or to obtain the rights to use additional functional (software) features of the Company's Service, the User must create an Account by completing the registration procedure.
Registration is carried out by filling in the registration form on the Fasti.me Service. When filling in the registration form, the User chooses the login and password necessary for further access to the User's Account, specifies the mandatory, minimum data required for registration, as well as the information that allows the User to restore access to their Account. The Company does not verify the accuracy of the information provided by Users, except for cases when such verification is necessary for the purposes of fulfillment of the Company's obligations to Users.
3.2. The login and password chosen by the User are necessary and sufficient information for the User's access to the Service. The User has no right to transfer their login and password to third parties and bears full responsibility for their safety, independently choosing the method of their storage.
3.3. The Company cannot be held responsible and guarantee the security of the User's Account in cases of: transfer of login and password by the User to third parties (intentionally or negligently); access of third parties to the User's Account due to the User's use of forms located on external websites, using software tools that allow the selection and/or decoding of the password; access of third parties to the User's Account by simply selecting the password; failure of the User to fulfill the recommendations specified in the User's account; failure of the User to use the User's login and password to access the User's Account.
3.4. Terms of Use of the Fasti.me Service.
3.4.1. To start using the Fasti.me Service, the User must register by assigning a unique name (Login) and password. Upon completion of the registration process, the User becomes the owner of the Account. From the moment the User logs in to their account, they are responsible for the security of the data entered, as well as the Login and password.
3.4.2. When the User has finished using the Fasti.me Service, they are responsible for terminating their account by clicking the “Logout” button.
3.4.3. From the moment of registration in the Fasti.me Service, the User is given the opportunity to purchase a subscription, subject to the restrictions specified in clause 3.4.3.1 and clause 3.4.3.2. 3.4.3.2. of the Agreement, except for the trial access to the Fasti.me Service “Trial Period”.
3.4.3.1. For individual Users:
The payment plans of the Fasti.me Service (containing a certain number of limits depending on the selected payment plan) are indicated on the Site of the Fasti.me Service: https://app.fasti.me/tariff. The payment plans of the Fasti.me Service are paid every 30/90/180/365/545 days, depending on the selected payment plan. The validity period of the payment plan is 30/90/180/365/545 days, respectively. The user has the right to buy additional limits, which are not included in the price of the payment plan. The validity period of the additional limits corresponds to the sum of the remaining validity days of the paid payment plan. Payment for a plan with a certain number of limits can be made either in manual mode or in auto-payment mode - at the User's discretion, payment for additional limits is made in manual mode. The limits are spent by the User on the corresponding tools of the Fasti.me Service.
The User has the right to deposit any amount of money in order to purchase additional limits in the Fasti.me Service for the subsequent use of the Fasti.me Service tools under the terms of the current payment plan (except for the trial access “Trial period”), or for the purchase of a new payment plan.
3.4.3.2. For Users-individual entrepreneurs/legal entities:
The payment plans of the Fasti.me Service (containing a certain number of limits depending on the selected payment plan) are indicated on the Site of the Fasti.me Service: https://app.fasti.me/tariff, whereby the minimum duration of the payment plan for Users-individual entrepreneurs/legal entities is 365 days. The payment plans of the Fasti.me Service are paid every 365/545 days, depending on the selected plan. The validity period of the payment plan is 365/545 days, respectively. The User has the right to purchase additional limits that are not included in the price of the payment plan. The minimum one-time payment for additional limits cannot be less than 5,000 (Five thousand) roubles 00 kopecks, VAT exclusive. The validity period of the additional limits corresponds to the sum of the remaining days of validity of the paid payment plan. The limits are spent by the User on the corresponding tools of the Fasti.me Service.
3.4.4. The purchase of a payment plan or additional limits is made by cashless transfer of funds in the form of a 100% prepayment. For Users-individual entrepreneurs/legal entities: the purchase of a payment plan or additional limits is made by bank transfer in the form of a 100% prepayment on the basis of a payment invoice provided by the Service Administration.
3.4.5. In case of commercial campaigns (promotions), discounts do not apply when paying from the User-individual entrepreneur/legal entity.
3.4.6. For individual Users:
Provision of access to the Fasti.me Service in accordance with the selected payment plan is considered to have been provided by the Service Administration properly and accepted by the User in full, if within 5 (Five) working days from the moment of providing access to the Fasti.me Service the Service Administration has not received any motivated written claims from the User.
3.4.7. For Users-individual entrepreneurs/legal entities:
The Service Administration sends to the User for signing the Universal Transfer Document (hereinafter - UTD) in 2 copies within 5 (five) working days from the date of receipt of funds on the settlement account, taking into account the following: in case of a one-time payment (in full) by the User of the selected payment plan, regardless of its duration, the UTD is provided to the User for the entire amount of payment made by the User.
3.4.7.1. The User shall review and sign the UTD within 5 (five) working days from the day of its receipt from the Service Administration, provided that the services have been rendered by the Service Administration properly and in full. The Service Administration may send the User the UTD by e-mail, or by postal mail, or in the electronic document management system (EDO). In this case, the exchange of documents and messages by e-mail has legal force equal to the exchange of documents by Russian Post or international mail. If the User has any claims to the services rendered by the Service Administration, the User shall provide the Service Administration with a reasoned refusal to sign the UTD within 5 (five) working days. In this case, in the reasoned refusal, the User shall state the reason(s) for the refusal and provide evidence that confirms that the Service Administration did not provide services or provided them improperly. If the User fails to sign the UTD within 5 (five) working days from the moment of its receipt or fails to send the Service Administration a reasoned refusal to sign the UTD within 5 (five) working days, the UTD shall be considered accepted, and the services shall be considered rendered in a timely, complete and proper manner and accepted by the User.
3.4.8. The free trial access “Trial Period” and/or other free updates during the period of validity of the Agreement (if any) are provided to the User without any guarantee, in the quality, scope and functionality that these services have as part of the Fasti.me Service. This means that the User has no right to make claims regarding the availability, scope, quality or functionality of the free services received and uses them, assuming all risks and responsibilities associated with the use of such free services.
3.4.9. The Service Administration provides technical support to the User, including issues related to the functionality of the Fasti.me Service and the services provided, as well as the peculiarities of operation of the Fasti.me Service.
3.4.10. The payment plans specified on the Site at https://app.fasti.me/tariff provide for a certain number of limits. If the User has unused and/or additional limits before the end of the payment plan and the User renews the current payment plan or signs up for a new one not later than 1 (one) calendar day before the end of the current payment plan, the unused limits and/or additional limits are transferred to the next paid period. If the User does not renew the current payment plan or sign up for a new one before the expiration of the current payment plan, the unused and/or additional limits are canceled. Upon expiration of the previous plan and/or termination of its validity, the limits of the previous plan are not saved in the new one - the limits of a higher payment plan are not subject to transfer (saving) after payment and transfer to a lower plan.
4. Materials posted by Users on the Service
4.1. The User is fully responsible for all information, data, text, photos and other materials (hereinafter “Materials”) publicly uploaded and/or transmitted through the Service. This means that the User is fully responsible for all Materials that the User uploads, sends, receives, transmits or otherwise makes available through the Service. The Company does not control the Materials transmitted by the Service and therefore does not guarantee the accuracy, completeness or quality of such Materials.
4.2. The User may not upload, transmit or publish Materials on the Service if the User does not have the rights or permission of the relevant copyright holder to post them. In case of claims from third parties related to the User's posting of Materials, the User shall settle such claims on its own and at its own expense. The e-mail address for sending such claims (complaints and reports) is info@fasti.me.
4.3. The User agrees to the use by the Company and/or other Users of the Service of the Materials posted by the User in such Service, if they are used within the limits of the functionality selected by the User.
4.4. Except as provided by this User Agreement and the applicable laws of the Russian Federation, no Materials may be copied (reproduced), processed, distributed, displayed, published, downloaded, transferred, sold or otherwise used in whole or in part without the prior permission of the Company or the relevant right holder, unless the right holder has explicitly expressed their consent to the free use of the Material.
4.5. The User, by utilizing the functionality of the Service, agrees that some information may be transferred to the Company's partners solely for the purpose of ensuring that the Company provides the relevant Service to the User, as well as granting the User the rights to use additional functional (program) features of the relevant Service provided jointly with these partners, and only to the extent necessary for the proper provision of the Service and/or functional features, as well as in other cases.
5. Rights and obligations of the User when using the Service
5.1. The User has the right to use the Service provided by the Company to realize its functional capabilities, in compliance with the terms and conditions of use of the Service provided by the Company.
5.2. The User undertakes not to use the Service and other products of the Company for:
5.2.1. achieving illegal purposes, and in case the Company establishes special purposes of using the Service - for achieving other purposes that are not explicitly specified in this Agreement;
5.2.2. uploading, sending, transmitting or any other way of publishing Materials (including, indicating its location by placing a link), which are illegal, harmful, threatening, offensive, containing materials of pornographic nature, defamatory, violating the rights of minors and/or causing them harm in any form, including moral, infringing on the rights of various minorities, which the User has no right to make available by law or under any agreements with third parties.
5.2.3. uploading, sending, transmitting or in any other way publishing advertising information not specifically authorized, including mass, unauthorized and/or not expected by the recipients, unsolicited mailings of advertising nature, including spam, as well as repeated sending of letters/messages to one addressee without their consent;
5.2.4. impersonation of another person or representative of any organization and/or community, including the Service support service, employees of the Company or other actions aimed at misleading Internet users or other persons;
5.2.5. uploading, sending, transmitting or in any other way publishing any Materials containing viruses or other computer codes, files or programs designed to disrupt, destroy or limit the functionality of any computer or telecommunication equipment or programs, to provide unauthorized access to computer systems, equipment or data of third parties, as well as serial numbers to commercial software products and programs for their generation, logins, passwords and other means. It is prohibited to use automated scripts (programs, bots, etc.) to collect information and (or) interact with the Service without the Company's consent;
5.2.6. to collect and store personal data of third parties in violation of the requirements of applicable law;
5.2.7. to perform other actions related to the violation of this Agreement and the requirements of the applicable laws of the Russian Federation.
As part of the Service, the User may be provided with the functionality to send messages to third parties. By sending messages to third parties through the Service, the User agrees that such sent messages may be identified as sent on their behalf. In this case, the User is independently responsible for all possible claims related to sending messages to such parties.
6. Rights and obligations of the Company when providing the Service
6.1 The Company carries out current management of the Service, independently determines its structure, appearance, allows or restricts access of Users to the Service in case of violation by such persons of the provisions of this Agreement and exercises other rights.
6.2 The Company has the right to block/delete the User's Account and (or) suspend, limit or terminate the User's access to the Service, and (or) delete all or some of the Materials posted by the User in the Service, without reimbursement of any costs or losses to the User, in the manner and on the terms provided in Section 7 of this Agreement.
6.3. The Company shall be entitled to:
6.3.1. on the terms and conditions set forth in this Agreement, provide the User with access to the Service;
6.3.2. make remarks to the Users, warn, notify, inform them about non-compliance with this Agreement. The Company's instructions on the use of the Service addressed to the User shall be binding on such User;
6.3.3. provide technical and informational support to the User within a reasonable period of time, necessary for access to the Service and its subsequent use;
6.3.4. collect and process information about Users, including their personal data, in the manner and on the grounds set forth in the Fasti.me Privacy Policy, as well as collect and process anonymized statistical data on the use of the Service;
6.3.5. place advertisements on the Site or the Service;
6.3.6. send messages (e-mail, sms, push notifications and other types of mailings) to Users via the Service and/or third party services, including messages from the Company's partners to whom the User has given consent to send messages by registering with the Service or otherwise, as well as messages about the introduction of new or canceled features of the Service. The User has the right to refuse to receive advertising messages at any time by sending a written application to the Company's e-mail address info@fasti.me.
6.3.7. to make direct contact with the User by means of communication (by phone, e-mail or other means) in order to receive information/comments from the User about problems/questions arising when using the Service or feedback on the functioning of the Service, necessary to eliminate errors in the operation of the Service and their further development/improvement;
6.3.8. suspend the provision of the Service without prior notice to Users in case of the need for urgent preventive maintenance work in the Service, in case of force majeure, as well as accidents or failures in software and hardware complexes of third parties cooperating with the Company, or actions of third parties aimed at suspension or termination of the Service;
6.3.9. prohibit the User from automatically accessing the Service, as well as stop receiving any information generated automatically (e.g. spam);
6.3.10. take measures not prohibited by law to protect their own rights in relation to the Service.
7. Termination of the User's Account, restoration of access to the Account, deletion of the Materials posted by the User
7.1. The User agrees that the Company reserves the right to block/delete the User's Account and (or) suspend, limit or terminate the User's access to the Service and (or) delete all or some of the Materials posted by the User in the Service, without explaining the reasons for such actions and without prior notice to the User, if necessary.
7.2. In particular, the Company may exercise the rights listed in clause 7.1. for the following reasons:
7.2.1. if it discovers in the User's actions signs of violation of the terms of this User Agreement;
7.2.2. at the appropriate request of the authorities and the court, if all the requirements of the applicable laws of the Russian Federation have been complied with;
7.2.3. in case of a complaint from another User or a third party who is the right holder of the Materials, after the appropriate inspection;
7.2.4. the User's failure to use the Account to access the Service for a period of 24 calendar months;
7.2.5. due to unforeseen problems of a technical or security nature;
7.2.6. due to interference and any disruption to the Service, including the use of any devices, software, etc.
7.3. Termination of the User's Account may result in:
7.3.1. removal of the User's access to the personal part of the Service;
7.3.2. deletion of the User's Materials contained in the Service.
7.4. The User is granted the right to refuse to use their Account by deleting it. If the User deletes their Account on the User's initiative and if such functionality is available, the User has the right to restore the Account within the period of time set by the Service by themselves, following the instructions of the Service received after entering the necessary login and password into the authorization form.
7.5 If the User loses the password to the Account, access to the Account can be restored only if the User provides accurate, correct and complete information specified when creating the Account, as well as if the User provides correct information to additional questions of the Company's support service, if it is necessary for the purposes of restoring access to the User's Account. If the User neglected to provide accurate, true and complete information or failed to answer additional questions of the support service, the Company's support service will not be able to restore access to the Account if requested.
8. The Company's right to intellectual property objects
8.1. The use by the User of means of individualization of the Company is only allowed with the consent of the Company.
8.2. The User acknowledges and agrees that the Service contains audiovisual works, computer programs, trademarks and other intellectual property objects, the rights to which belong to the Company (and/or the Company's counterparties), which cannot be used without prior consent from the Company.
8.3. The Company grants to the User, subject to the restrictions set forth in this Agreement, a non-exclusive and non-transferable right to use the software for its intended purpose provided within the Service, and provided that neither the User nor any other persons with the assistance of the User will copy or modify the software; create programs derived from the software; infiltrate the software to obtain codes of the software; and provide the User with the right to use the software for its intended purpose.
9. Responsibility of the Company
9.1 User understands and agrees that:
9.1.1 The Service is provided “as is”, unless otherwise explicitly provided for in this Agreement. The Company does not guarantee that the Service, as well as the results of using the Service will meet the User's purposes, expectations and requirements; the Company does not guarantee that the Service will be provided continuously, quickly, reliably and without errors; that the results that may be obtained by the User will be accurate and reliable; that the quality of the Service, as well as the results of using the Service, including information, will meet the User's expectations, and that all errors in the programs will be corrected;
9.1.2 The Company assumes no responsibility for the delay, deletion, non-delivery or failure to download any User's data, including the User's settings;
9.1.3. Any Materials (intellectual property objects) obtained by the User using the Service, the User may use at their own risk, and the User is responsible for any damage that may be caused to the User's computer and the User's data as a result of downloading these materials;
9.1.4. the Company shall not be liable for any direct or indirect losses incurred due to the use or inability to use the Company's Service, due to unauthorized access to the User's Account; or due to fraudulent activities of third parties.
10. Privacy of the Company
10.1. The Company may use technologies for authentication of Users, including the use of cookies, as well as use these technologies for marketing purposes to study the preferences of Users. In this case, such identification is non-personalized and generalized, the Company does not track the actions of individual Users and does not transfer information about them.
10.2. Within the limits of operation of the Service and in compliance with applicable law, the secrecy of messages and confidentiality of information about Users is ensured, except for cases provided for by the applicable laws of the Russian Federation.
10.3. The User agrees that if the Service allows sending messages, then outgoing and incoming messages of the User or downloaded Materials undergo certain automatic processing by the Company's programs for full transmission, reception and storage of messages/Materials. The mandatory automatic processing of Mail includes a necessary set of measures to detect malicious codes in the transmitted information, as well as their blocking or deletion (depending on the complexity of the code and the software of the Service). These measures are taken solely to protect Users' personal computers and to reduce the load on the Company's equipment.
11. Feedback and the procedure for consideration of claims
11.1. The User, who considers that their rights and interests are violated because of the Company's actions, can send a corresponding appeal. The Company's Technical Support Service is responsible for reviewing such appeals in accordance with the general procedure for reviewing incoming requests.
11.2. The User can send all appeals, including those concerning the operation of the Service, to the Technical Support Service info@fasti.me.
11.3. The User and the Company agree that all possible disputes regarding the User Agreement shall be resolved in accordance with the terms of this User Agreement and the applicable laws of the Russian Federation.
12. Amendments and additions to this Agreement
12.1. This Agreement may be amended by the Company without notice to Users by posting a new version of the amended Agreement on the Site. Amendments to the Agreement made by the Company shall come into force on the day following the day of publication of such amendments on the Site. The User undertakes to independently check this Agreement for any changes made. Failure of the User to perform actions on familiarization shall not serve as a basis for non-fulfillment by the User of its obligations and non-observance by the User of the restrictions established by this Agreement.
12.2. The User has the right to refuse to accept amendments and additions to this Agreement, which means the User's refusal to use the Service and all rights previously granted to them.
13. Final provisions
13.1. Nothing in this Agreement may be understood as establishing between the User and the Company agency relations, partnership relations, relations of joint activity, relations of personal employment, or any other relations not explicitly provided for by the Agreement.
13.2. Declaring any provision of the Agreement invalid or unenforceable by the court does not entail invalidity or unenforceability of other provisions of the Agreement.
13.3. Inaction on the part of the Company in case of violation of the provisions of the Agreement by the User or other third parties does not deprive the Company of the right to take appropriate actions in defense of its interests later.
13.4. This Agreement shall be regulated and interpreted in accordance with the applicable laws of the Russian Federation. Matters not regulated by this Agreement shall be resolved in accordance with the applicable laws of the Russian Federation.
13.5. All disputes of the Parties under this Agreement shall be settled by correspondence and negotiations using the mandatory pre-trial (claim) procedure. If the parties are unable to reach an agreement through negotiations, the dispute shall be referred by the interested party to the Moscow Arbitration Court.
