Legal document · English translation
License Agreement for the Svodly Computer Program
This English translation is provided for convenience only. The Russian version at https://svodly.ru/legal/eula is the legally binding text and prevails in case of any discrepancy.
Preamble
This document is a license agreement in the form of a contract of adhesion (Article 428 of the Civil Code of the Russian Federation, hereinafter the “Civil Code”), concluded in a simplified procedure (Articles 1286(5) and 1286.1(1) of the Civil Code).
The Licensor is Individual Entrepreneur Denis Vladimirovich Alekhin (hereinafter also “IE Alekhin D. V.”), OGRNIP (primary state registration number of an individual entrepreneur): 326774600408601, TIN (INN): 502480379785, the holder of the exclusive right to the computer program “Svodly”. Contact address: hello@svodly.ru.
The exclusive right to the Software belongs to the Licensor in full as the author of the Software from the moment of its creation (Articles 1228, 1257, 1259 and 1261 of the Civil Code), except for the third-party components included in it (clause 4.5). The Software was developed in the territory of the Russian Federation; its right holder is a citizen of the Russian Federation registered as an individual entrepreneur.
The Licensee is any person (an individual or a legal entity of any legal form, an individual entrepreneur, a state or municipal body, a budgetary or autonomous institution) who has lawfully obtained a copy of the Software or access to it.
The performance by the Licensee of any of the following actions: (1) downloading the installation file of the Software, (2) installing the Software, (3) launching the Software, (4) starting actual use of the Software (including the web application) — constitutes full and unconditional acceptance of this Agreement (Articles 438, 1286(5) and 1286.1(1) of the Civil Code); the written form of the Agreement is thereby deemed to be complied with. If you do not agree with the terms of this Agreement, do not perform these actions. A person accepting the Agreement on behalf of an organization or another person confirms that they are authorized to do so.
The text of this Agreement in its current version is permanently published at https://svodly.ru/legal/eula and is available for review by an indefinite number of persons before they start using the Software. A copy of the text is also included in the distribution of the desktop version and is shown on the consent screen of its installer. If the version included in the distribution differs from the version published at the said address, the version published at the said address applies.
Please note. The Software is an accounting tool, not a bank, a payment service, a broker or a financial advisor. It does not make payments and does not manage your accounts. The calculations, forecasts, repayment plans, return estimates, tax calculations, reminders and hints of the Software are based on the information you enter, are provided for reference purposes only, do not constitute an individual (personal) recommendation and may differ from the data of your bank, broker or tax authority. You use the Software and the results of its operation at your own risk and are solely responsible for your financial decisions, for checking the data and for the safekeeping of your records; the Licensor does not compensate losses. For details, see sections 6–9.
1. Definitions
1.1. Software means the computer program “Svodly” (свод.ли) in all its forms: executable files for desktop operating systems (Windows, macOS, Linux), mobile applications (Android, iOS), the web application, as well as the accompanying resources and data files included in the official distributions.
1.2. Official Distribution means a copy of the Software published by the Licensor on the website https://svodly.ru, in app stores (App Store, Google Play, RuStore, Microsoft Store and similar), or provided in any other manner authorized by the Licensor.
1.3. Agreement means this license agreement.
1.4. Update means a new version of the Software or of a part of it (including bug fixes, changes in functionality and new components) released by the Licensor and distributed through the official distributions or the built-in automatic update mechanism.
1.5. Data means the information that the Licensee enters into the Software, imports into it or creates with its help: books, accounts, transactions, budgets, reference lists, attachments and other records. Records that the Software creates automatically according to the Licensee's rules form part of the Data; the provisions on the Output apply to their content.
1.6. Output means any information that the Software calculates, generates or displays on the basis of the Data, settings, built-in parameters and information from external sources: balances and totals, calculations, forecasts, payment plans and schedules, return estimates, tax calculations, analytics indicators, reminders, hints and suggestions, reports and documents, as well as records recognized or created by the Software automatically.
1.7. Licensor's Services means the Svodly cloud, the update service and other network services of the Licensor with which the Software interacts. The procedure for their use is determined by the Terms of Use published at https://svodly.ru/legal/terms.
1.8. Account means the Licensee's account record in the Licensor's Services.
2. Subject matter of the Agreement
2.1. The Licensor grants the Licensee a simple (non-exclusive) license to use the Software to the extent and on the terms established by this Agreement.
2.2. The license is granted free of charge (without payment of remuneration to the Licensor).
2.3. This Agreement applies to the Software and to all of its Updates provided to the Licensee on the same terms, unless otherwise expressly provided by separate terms for specific additional features (section 10) or by a new version of this Agreement (section 11).
3. Scope of the rights granted to the Licensee
3.1. The Licensee may use the Software in the following ways:
- reproducing the Software (including recording it into computer memory) in a number of copies and on a number of devices not limited by the Licensor;
- launching the Software and using it in accordance with its functional purpose;
- displaying the Software and the results of its operation;
- adapting the Software within the meaning of Article 1280 of the Civil Code (to the extent necessary for it to function on the Licensee's computer);
- making archival copies of the Software for backup purposes.
3.2. The license is granted without restrictions as to the range of users: to individuals, legal entities of any legal form, individual entrepreneurs, state and municipal bodies, budgetary and autonomous institutions.
3.3. The license is granted for any lawful purposes, including but not limited to: personal, family, professional, entrepreneurial, commercial, state and municipal purposes.
3.4. The license is granted for the territory of the whole world.
3.5. The license is granted for the entire term of the Licensor's exclusive right to the Software.
3.6. Use of the Software does not require the Licensee to register with the Licensor, conclude separate written agreements, obtain license keys or perform any other actions other than those specified in the Preamble.
3.7. Ways of using the Software not expressly provided for by this Agreement are not granted to the Licensee (paragraph 2 of Article 1235(1) of the Civil Code). This Agreement also does not grant the Licensee any rights to the means of individualization of the Licensor and of the Software (names, logos, trademarks, domain names) or to other intellectual property of the Licensor, other than the right to use the Software within the limits established by this Agreement.
4. Restrictions
4.1. The Licensee may not:
- decompile, disassemble or otherwise reverse engineer the Software (except in the cases expressly provided for by Article 1280 of the Civil Code);
- modify the executable and other binary files of the Software;
- remove, alter or conceal copyright notices, product names, names of the Licensor or other designations placed in the Software;
- distribute modified, repackaged or rebranded versions of the Software;
- distribute copies of the Software for remuneration, rent them out or otherwise derive income directly from transferring copies of the Software to third parties;
- grant sublicenses or otherwise grant third parties the right to use the Software without the Licensor's prior written consent (Article 1238 of the Civil Code);
- transfer the source code of the Software to third parties (including if it has become available to the Licensee by accident).
4.2. The restrictions specified in clause 4.1 do not affect or limit the Licensee's powers listed in section 3 to use the Software for its functional purpose.
4.3. Use of the Software in ways not provided for by this Agreement, or after its termination, or in breach of sections 3 and 4 constitutes an infringement of the Licensor's exclusive right and entails the liability and remedies established by the legislation of the Russian Federation (Article 1237(3) and Articles 1252 and 1301 of the Civil Code).
4.4. In the cases provided for by law (including Article 1286.1(4) of the Civil Code), as well as in the event of a material breach by the Licensee of sections 3 and 4 of this Agreement, the Licensor may unilaterally repudiate the Agreement out of court (Article 450.1(1) and (2) of the Civil Code) by sending the Licensee a notice, including to the Licensee's email address known to the Licensor. From the moment the notice is deemed delivered (Article 165.1 of the Civil Code), the license terminates; the Licensee must stop using the Software and delete its copies from their devices.
4.5. The Software includes third-party components distributed under open licenses; their list and terms are published at https://svodly.ru/legal/third-party. This Agreement does not limit the rights that such licenses grant to the Licensee in respect of the respective components. The Licensor gives no warranties in respect of these components beyond those provided for by their licenses.
5. The Licensee's Data
5.1. The Data belong to the Licensee (or to another person in whose interests the Licensee keeps the accounts). The Licensor does not acquire any rights to the Data in connection with granting the license under this Agreement.
5.2. The Data are stored locally on the Licensee's device (in the web application, in the browser storage). When synchronization is used, a copy of them is also stored on the Licensor's servers. The Software includes features for exporting the Data to open formats (in particular, JSON, CSV, XLSX), which allow the Licensee to independently extract the Data and transfer them to other applications. The specific set of export features and formats is determined by the current version of the Software.
5.3. The Licensor does not receive the Licensee's Data, except where the Licensee voluntarily uses features that involve interaction with the Licensor's servers — synchronization with the Svodly cloud service and shared access to books, as well as features for obtaining information from external information systems and reference databases and recognition features (in particular, obtaining cash receipt information from the information system of the Federal Tax Service of Russia, information from the EGRUL / EGRIP (Unified State Register of Legal Entities / Unified State Register of Individual Entrepreneurs) on counterparties, exchange rates and securities prices, and recognizing a transaction from voice or an image), in the use of which the data necessary to fulfil the request are transmitted through the Licensor's servers — or sends the Licensor an inquiry through the feedback form. The procedure for using the Licensor's Services is determined by the Terms of Use (https://svodly.ru/legal/terms), and the processing of personal data by the Privacy Policy (https://svodly.ru/legal/privacy).
5.4. Data stored only on the Licensee's device are not accessible to the Licensor: the Licensor cannot view, restore, correct or transfer them to another device. Uninstalling the Software, clearing its data or the browser storage, or a reset, loss or malfunction of the device may lead to the irreversible loss of Data that the Licensee has not saved by other means (backup, export, synchronization). The browser storage may also be cleared without the Licensee's involvement — by the browser itself or by the operating system (insufficient space, incognito mode, a change of profile, clean-up settings).
5.5. When entering information about third parties (counterparties, employees, family members, debtors, creditors and other persons) into the Software, the Licensee independently determines its scope and purposes of use and is responsible for having the right to do so, including compliance with personal data legislation.
6. Purpose of the Software and the nature of the results of its operation
6.1. The Software is an accounting tool: it is intended for the Licensee to independently keep records of their income, expenses, accounts, obligations and plans and to analyze them. Records in the Software are created by the Licensee; some records and all Output are generated automatically on the basis of the information the Licensee has entered, the settings the Licensee has chosen, the built-in parameters of the Software and information from external sources.
6.2. The Licensor is not a credit institution or other financial institution, a money transfer operator, a broker, a trust manager, an investment advisor, an insurance agent or insurance broker, a credit intermediary, an auditor, or a tax or financial consultant. In granting the right to use the Software, the Licensor does not provide the Licensee with financial, payment, investment, insurance, accounting, tax, audit, legal or other consulting services, is not the Licensee's representative, agent or attorney in relations with third parties, does not accept, hold or transfer the Licensee's funds, and does not assume management of them or of the Licensee's other property.
6.3. The Software does not make or initiate payments, transfers or other transactions with funds, securities or other property, does not manage the Licensee's accounts with banks and brokers, and does not request the means of access to them (logins, passwords, confirmation codes). Transactions, transfers, payments, accruals, repayments, purchases and sales in the Software are accounting records. Creating, changing or deleting them — including with the “Make a payment”, “Cancel subscription” and similar buttons — does not cause any movement of funds and does not perform, change or terminate obligations of the Licensee to third parties or of third parties to the Licensee. The Licensee makes actual payments and performs other actions independently, outside the Software.
6.4. The Output is provided for information and reference purposes only. In particular, the following do not constitute an individual (personal) recommendation, advice, a consultation, a proposal (offer) or an inducement to take or refrain from taking any action:
- a plan and schedule for repaying a loan or credit card debt, the calculation of the payment, overpayment, term and cost of the loan, of the amounts and dates of payments needed to keep the interest-free period, of the minimum payment, and of the effect of early repayment;
- the estimate and forecast of the yield on a deposit or savings account, of the effective rate, of accrued interest, and of the time needed to reach a goal;
- investment indicators: the value and return of positions, the average price, the financial result, calculator results;
- budgets and limits, forecasts of balances and cash flow, the calculation of possible savings, cashback information;
- automatically suggested categories, detected subscriptions and recurring payments, and other hints and suggestions of the Software.
The Licensee decides independently whether to conclude, amend or terminate an agreement (a credit agreement, a deposit, loan, insurance or brokerage service agreement, or any other agreement), whether or not to make a payment, whether to perform an obligation early, whether to open or close an account, whether to buy or sell an asset, and which financial product or institution to choose.
6.5. The Output does not constitute an individual investment recommendation; the financial instruments and transactions about which the Software displays information may not correspond to the Licensee's investment profile and investment objectives (expectations). The Licensor does not engage in investment advisory activities and is not an investment advisor (Article 6.1 of Federal Law No. 39-FZ of 22 April 1996 “On the Securities Market”). The Software is not a computer program through which individual investment recommendations are provided (Article 6.2 of the said Law): it does not generate such recommendations and does not transmit orders to brokers. Determining whether a financial instrument or transaction corresponds to the Licensee's interests, objectives, investment horizon and acceptable risk is the task of the Licensee.
6.6. The calculations and forecasts of the Software are mathematical models. They are based on the information entered by the Licensee (balances, rates, dates, amounts, contract terms), on simplifying assumptions and on general calculation rules. They do not take into account all the terms of the Licensee's agreements with banks and other institutions, their tariffs, fees, rounding rules, preferential and penalty terms and subsequent changes, and may differ from actual accruals, payments, due dates and balances. In the event of any discrepancy, the terms of the agreement and the information of the relevant institution (bank, broker, depository, tax authority, counterparty) should be followed, not the data of the Software. The indicators of the Software are not a calculation of the full cost of credit (loan) within the meaning of Article 6 of Federal Law No. 353-FZ of 21 December 2013 “On Consumer Credit (Loans)”.
6.7. Forecasts and estimates of future events (income, interest, balances, the time needed to reach goals and to repay debts, savings) are not a guarantee or a promise that they will occur. Results of past periods do not determine future results.
6.8. Certain features of the Software create records automatically — according to rules set by the Licensee. This is how interest accruals on deposits and loans, recurring transactions and transfers, auto-allocations and subscription charges appear. Such records reflect calculated (expected), not actual, events and may not match them in date and amount. The Licensee reconciles them with actual data and, if necessary, corrects or deletes them.
6.9. Account balances, debt amounts, limits and other summary indicators in the Software are made up of records that the Licensee has entered or imported or that have been created automatically, and may differ from the actual ones. Before making payments and taking decisions, the Licensee reconciles them with the information of their bank or other institution.
6.10. Reminders, notifications and highlighting of due dates (of payments on loans and credit cards, of the end of the interest-free period, of subscription charges, of tax deadlines, of budget overruns) are an auxiliary feature. The Licensor does not guarantee that a reminder will be shown or delivered, will appear on time and will contain the correct date and amount: this depends on the information entered, on the settings of the Software and of the device, and on the permissions of the operating system. The absence, delay or inaccuracy of a reminder does not release the Licensee from their obligations to third parties.
6.11. Features for entrepreneurs and the self-employed — calculation of taxes and insurance contributions, the tax calendar, limit warnings, the income and expense ledger, reports — provide a simplified estimate based on the information entered by the Licensee and the parameters built into the version of the Software in use. They do not take into account all the specifics of the Licensee's taxation and may not reflect the latest changes in legislation (rates, limits, deadlines, contribution amounts, document forms). The accounts are kept by the Licensee, and the Software is merely a tool: it does not submit reports or notifications to government authorities, does not register income or generate receipts in the services of the Federal Tax Service, and does not pay taxes or contributions. As a general rule, the taxpayer independently calculates the tax and fulfils the obligation to pay it (Articles 45 and 52 of the Tax Code of the Russian Federation); where the tax is calculated by the tax authority, the calculation of the Software all the more does not replace the authority's calculation. The correctness of the calculation and the completeness and timeliness of payment and of the submission of reports remain the Licensee's obligation.
6.12. Invoices, acts and other documents generated in the Software are drafts prepared on the basis of the Licensee's information. Their content, details, tax rates and compliance with the requirements of the law and of the contract are checked by the Licensee; a document acquires legal force as a result of the Licensee's actions (signing, sending to the counterparty), not as a result of using the Software. The Software is not a means of mandatory storage of documents and accounting registers: their storage is ensured by the Licensee.
6.13. Information about investments in the Software is based on the Licensee's records of trades and payouts and on reference closing prices, which come from external sources with a delay and are not real-time exchange quotes. The value and return of positions, the financial result and the taxes on them are calculated in a simplified manner (in particular, using the average acquisition price and the rate set by the Licensee) and may differ from the data of the broker, the depository and the tax agent. The Software may not automatically take into account issuers' corporate actions (splits and consolidations of securities, amortization and early redemption of bonds, ticker changes).
6.14. Information from external sources (exchange rates of the Bank of Russia, securities prices of the Moscow Exchange, cash receipt data from the information system of the Federal Tax Service of Russia, EGRUL / EGRIP information) is displayed in the form in which it was received from the source, including from a previously saved copy, and may be incomplete, inaccurate or outdated. Autofill of counterparty information does not constitute a check of the counterparty and does not confirm its legal capacity, good faith or solvency.
6.15. Automatic recognition and parsing features — voice input, recognition of documents and receipts, import of files and bank statements, automatic category matching, subscription detection — may make errors; some of them use machine learning algorithms, including those of third-party services. Their result is a draft or a suggestion: the Licensee checks it before saving and corrects it if necessary.
6.16. Records in the Software (including those on debts, loans, settlements and planned payments) do not in themselves create, change or terminate the rights and obligations of the Licensee and third parties and do not confirm their existence.
6.17. The mention of names of banks, other organizations and their products in the Software, on the Licensor's website and in the documentation serves as an example or an explanation. It is not an advertisement or a recommendation and does not mean that the Software accurately reproduces the terms of such products.
6.18. The provisions of this section also apply to the Licensor's reference materials about the Software: the documentation, hints in the interface, website materials, replies to inquiries, social media publications. They explain how the Software works and do not constitute advice on the Licensee's financial, investment, tax or legal matters.
6.19. The Software does not replace professional accounting, tax, legal and audit services or investment advisory services. When making financial, investment, tax and legal decisions, the Licensee should check against primary sources (agreements, information from the bank, broker, tax authority) and, if necessary, consult relevant specialists.
7. Rules for using the Software. Risks and responsibility of the Licensee
7.1. The Licensee uses the Software and its Output at their own risk. The Licensee decides independently how to dispose of money and property, whether to make a payment, in what amount and when, which agreements to conclude, and which taxes to pay and when. The consequences of such decisions — including losses, interest, fees, penalties, fines, penalty interest and lost profit — are borne by the Licensee.
7.2. When using the Software, the Licensee observes the following rules:
- enters complete and accurate information and chooses settings (account type, rates, dates, loan and deposit terms, tax regime and other parameters) that correspond to their actual circumstances and agreements;
- checks the Output against primary sources before relying on it, and does not use the Software as the sole source of information about the due dates and amounts of their obligations;
- checks records created automatically or as a result of recognition and import (clauses 6.8 and 6.15);
- regularly makes backups and exports the Data using the tools of the Software, and, when using synchronization, makes sure that it is working (clause 5.4);
- protects their devices and Account: uses screen lock and the security features of the operating system, and keeps the password and confirmation codes secret;
- keeps track of Updates: the risk of using an outdated version of the Software is borne by the Licensee;
- before actions that are irreversible or affect many records (deleting a book, an account or transactions, bulk editing, import, restoring from a backup, replacing the cloud copy of a book), makes sure that they are necessary and that a backup exists.
7.3. The Software does not encrypt the Data on the device by its own means: they are protected by the tools of the operating system. A person who has gained access to the Licensee's unlocked device or to the Licensee's Account gains access to the Data. The risk of such access is borne by the Licensee.
7.4. The Software is not intended for storing means of access and secrets: passwords, PIN codes, codes from messages, CVV/CVC codes and full bank card details, keys and tokens. The Licensee does not enter them into the fields, notes and attachments of the Software.
7.5. The Licensee is responsible for the actions of persons to whom they have granted access to their device, Account or book, including shared access members: such persons can view, change and delete the Data.
7.6. Pre-release versions of the Software (beta, nightly and others designated as test versions) are intended for evaluation and testing. They may contain errors leading to corruption or loss of Data and are used at the Licensee's risk; a backup of the Data should be made before installing them.
7.7. The Licensor is not responsible for the operation of copies of the Software obtained other than from Official Distributions or modified by third parties, or for the operation of the Software on devices with a modified operating system (root, jailbreak) or in any other environment not provided for by the documentation.
7.8. When obtaining the Software through an app store, the Licensee also complies with the rules of that store. The operator of the app store is not a party to this Agreement and has no obligations under it.
7.9. The Licensee uses the Software in compliance with the legislation applicable to them, including tax and currency legislation and personal data legislation. The features of the Software related to taxes, contributions and documents are designed for the legislation of the Russian Federation.
7.10. The Licensee independently settles claims of third parties related to the Licensee's Data and to the Licensee's use of the Software — including claims of counterparties, shared access members and persons whose information the Licensee has entered into the Software. If such a claim or lawsuit is brought against the Licensor because of the Licensee's breach of this Agreement (in particular, clause 5.5) or of the law, the Licensee compensates the Licensor for the losses caused by that breach (Articles 15 and 393 of the Civil Code). A Licensee who uses the Software in business activities also compensates the Licensor for property losses arising in connection with such claims, including the costs of defending against them (Article 406.1 of the Civil Code).
8. Disclaimer of warranties
8.1. The Software, its Updates and its Output are provided “as is”. The Licensor gives no warranties not expressly stated in this Agreement, including warranties of the fitness of the Software for the Licensee's particular purposes, of the absence of errors in the Software, of the accuracy, completeness and timeliness of its Output, and of compatibility with the whole variety of software and hardware.
8.2. The Licensee is solely responsible for the suitability of the functionality of the Software for their purposes, for choosing the Software to accomplish their tasks and for interpreting its Output.
8.3. The Licensor does not guarantee the continuous availability of the Software, the timeliness of bug fixes and of the release of Updates, or that the set of features and the way they work will remain unchanged: the Licensor may develop and change individual features and platforms and discontinue support for them.
8.4. Parameters that depend on legislation and other external circumstances (tax rates and limits, contribution amounts, deadlines, document forms, reference lists) are updated as Updates are released. The Licensor does not guarantee that they are up to date as of the date the Software is used.
8.5. Copies of the Software of different versions and for different platforms may differ in their set of features and calculation results. Joint operation of copies of different versions with the same Data, including during synchronization, is not guaranteed.
8.6. Descriptions of the features of the Software on the Licensor's website, in the documentation and in app stores are provided for reference purposes only, relate to specific versions and platforms, and are not a guarantee that the features are available or will remain unchanged.
9. Limitation of liability
9.1. To the maximum extent permitted by applicable law, the Licensor is not liable for any losses (including actual damage and lost profit) arising in connection with the use of or inability to use the Software and its Output, including for:
- loss, distortion or corruption of Data, as well as their disclosure as a result of access to the Licensee's device, Account or book;
- errors in accounting, financial reporting, tax calculations and documents prepared on the basis of the Output;
- interest, fees, penalties, fines, penalty interest and other sanctions charged to the Licensee by third parties or government authorities, including due to a missed deadline or a payment in an incorrect amount;
- losses and lost income from transactions, investments and other financial decisions of the Licensee;
- actions and omissions of third parties (banks, brokers, counterparties, shared access members, app store operators), and the unavailability and content of external sources of information.
9.2. The Licensor is not liable for the consequences of the actions and omissions of the Licensee and of the persons to whom the Licensee has granted access: incorrect or incomplete entry of information and settings, failure to check the Output, absence of backups, failure to install Updates, loss of a device or of access to the Account, disclosure of the password, erroneous changing or deletion of Data, any other breach of the rules of section 7, and use of the Software for purposes other than intended (Articles 404 and 1083 of the Civil Code; if the rules of § 3 of Chapter 59 of the Civil Code are applied to the relations of the parties, also Article 1098 of the Civil Code).
9.3. The Licensee confirms that they are aware of the critical importance of regularly backing up financial data and assumes responsibility for doing so.
9.4. The license is granted free of charge. The Licensor does not compensate the Licensee for losses — neither actual damage nor lost profit — and does not pay penalties, compensation or other amounts in connection with the use of or inability to use the Software and its Output. If, by virtue of mandatory provisions of law, the Licensor's liability cannot be excluded entirely, its aggregate amount may not exceed 1,000 (one thousand) rubles (Article 15(1) and Article 1290(1) of the Civil Code).
9.5. Where the Licensor's liability cannot be excluded, the Licensor is liable only if at fault (Article 401(1) and (3) of the Civil Code) and within the limits established by clause 9.4. The Licensor is not liable for failure to perform obligations due to force majeure and other circumstances beyond its reasonable control: decisions and actions of government authorities, failures of communication networks, power supply, equipment and software of third parties, restrictions imposed by platform operators and app store operators, unlawful actions of third parties.
9.6. This Agreement is a gratuitous license agreement; it is not a contract for the provision of services for consideration, for the performance of work, or for sale and purchase. The parties proceed from the understanding that consumer protection legislation, which governs relations under contracts for consideration (the preamble to Law of the Russian Federation No. 2300-1 of 7 February 1992 “On Protection of Consumer Rights”), does not apply to the relations of the parties under this Agreement. Paid Features (section 10) are subject to the terms on which they are provided.
9.7. The limitations and exclusions provided for by this section apply to the maximum extent permitted by applicable law, do not affect cases where liability cannot be excluded or limited by virtue of mandatory provisions of the legislation of the Russian Federation (including Article 401(4) of the Civil Code), and do not limit the rights of the personal data subject.
10. Updates of the Software and additional (paid) features
10.1. The Licensor may release Updates of the Software at its discretion. The Software may automatically check for Updates and offer to install them. Installing Updates is aimed at fixing bugs, improving security and developing the functionality of the Software. An Update may change the set of features, the calculation procedure and the Data storage format; reverting to a previous version of the Software after installing it may be impossible.
10.2. The Licensee agrees that future versions of the Software may include additional features provided for consideration (on a paid basis) (hereinafter, the “Paid Features”), including features based on artificial intelligence technologies, advanced analytics and cloud services. Paid Features are an optional add-on to the free functionality of the Software.
10.3. Activation and use of Paid Features are voluntary. Paid Features are not activated without a separate and explicit expression of the Licensee's will (taking out a subscription, a one-time purchase or other consent) and are governed by separate terms communicated to the Licensee before payment.
10.4. The installation of Updates by the Licensee and/or continued use of the Software after the release of new versions is deemed the Licensee's consent to this section, including the possibility of Paid Features appearing as an optional add-on.
11. Changes to the terms
11.1. The Licensor may change the terms of this Agreement, including when releasing Updates. The current version is always published at https://svodly.ru/legal/eula with the document version and the effective date. A new version applies from the effective date stated in it, which may not be earlier than the day of its publication, and has no retroactive effect. For those who started using the Software after a new version was published, it applies from the start of use.
11.2. If the Licensee does not agree with the new version of the Agreement, they may stop using the Software. Continued use of the Software after the effective date of the new version, including installing an Update and using the web application, is deemed full and unconditional acceptance of the new version (Article 438 of the Civil Code).
11.3. The Licensee independently keeps track of the current version of the Agreement. The Licensor may additionally announce changes in the Software, on its website or by email; the absence of such an announcement does not affect the entry into force of the new version.
12. Governing law and dispute resolution
12.1. This Agreement is governed by the legislation of the Russian Federation.
12.2. Before going to court, a party that considers its rights violated sends the other party a claim: to the Licensor at the email address hello@svodly.ru, to the Licensee at the Licensee's email address known to the Licensor. The period for responding to a claim is 30 (thirty) calendar days from the date of receipt. For disputes within the jurisdiction of an arbitrazh court, compliance with the pre-trial claim procedure is mandatory; for individuals it is recommended.
12.3. If no agreement is reached, the dispute is to be heard: if the dispute falls within the jurisdiction of an arbitrazh court, by the arbitrazh court at the Licensor's place of residence (Article 37 of the Arbitrazh Procedure Code of the Russian Federation); in other cases, by a court of general jurisdiction at the Licensor's place of residence (Article 32 of the Civil Procedure Code of the Russian Federation), unless mandatory provisions of the legislation of the Russian Federation establish a different jurisdiction.
13. Final provisions
13.1. The invalidity of individual provisions of this Agreement does not entail the invalidity of its remaining provisions or of the Agreement as a whole (Article 180 of the Civil Code).
13.2. This Agreement does not create between the Licensor and the Licensee an employer–employee relationship, an agency or partnership relationship, or any other similar relationship.
13.3. The Licensor's failure to exercise any right provided for by this Agreement or by law does not constitute a waiver of that right by the Licensor and does not deprive the Licensor of the opportunity to exercise that right in the future.
13.4. By sending the Licensor proposals, comments and ideas for the development of the Software (including through the feedback form, by email, in app stores and on social media), the Licensee agrees that the Licensor may use them at its discretion without limitation as to term, territory or manner of use and without payment of remuneration. The Licensor has no obligation to implement them. Ideas and proposals as such are not objects of copyright (Article 1259(5) of the Civil Code).
13.5. This Agreement is drawn up in Russian. Translations into other languages, if the Licensor provides them, are provided for reference purposes only; in the event of a discrepancy, the Russian text prevails.
13.6. Termination of this Agreement does not cancel the effect of sections 4–9 and 12 and clause 13.4 in respect of the use of the Software prior to its termination.
13.7. The relations of the parties are governed by the provisions of Part Four of the Civil Code on license agreements, to the extent not regulated by this Agreement, and by other applicable rules of the legislation of the Russian Federation.
Licensor's details
Individual Entrepreneur Denis Vladimirovich Alekhin
OGRNIP: 326774600408601
TIN: 502480379785
Contact email: hello@svodly.ru.
Website: https://svodly.ru.