1. General provisions
1.1 This public offer (hereinafter, the “Offer”) sets out the procedure for providing services through the website “amicon.ai” and the mobile application “Amicon” (hereinafter, “Amicon”), and the rights and obligations of its users. 1.2 The User undertakes to read this Offer in full before registering on Amicon. Registration on Amicon constitutes full and unconditional acceptance of this Offer. 1.3 By accepting the Offer, you agree that use of Amicon, its interface (button presses, clicks), making a payment, and other actions provided by Amicon’s functionality constitute your voluntary expression of will regarding Amicon’s services. 1.4 On each subsequent access to Amicon, the User uses Amicon’s functionality in accordance with the version of the Offer in effect at the time of access. 1.5 This Offer takes effect from the moment it is published on Amicon and remains in force until it is withdrawn by the Amicon team.
2. Terms and definitions
Offer means a public proposal addressed to any person to enter into a contract for the provision of services on the terms set out in the Agreement. User means a natural or legal person registered on Amicon who has accepted the terms of this Agreement and uses Amicon’s functionality. Project means a temporary activity aimed at creating a product, service, or result, limited in time, budget, and resources. Projects have stages and a goal; achieving that goal is a criterion for evaluating implementation of the Project. Stage means an intermediate phase in achieving the project’s goal. Goal means a formulated, measurable end result for whose achievement the project is implemented. The project goal is deemed achieved when all Stages of the Project are completed. Customer means a User participating in a Project who defines and agrees the project’s goals and tasks, and accepts and pays for the Stages of the Project’s implementation. Observer means a User added to the Project by the Amicon team at the Customer’s request. The Observer may be a representative of the Customer’s team, added to create a single information space within the Project. The Observer does not take direct part in the Project, does not define or agree project goals and tasks, and does not accept or pay for Stages of the Project’s implementation. Project chat means a section on Amicon intended for interaction between the Customer and the Amicon team in order to exchange information and files regarding all stages of the Project’s life cycle, agree goals and tasks, accept completed work, and record requests and deadlines. Project closure means completion of work on the Project, whereby rights and mutual obligations are terminated and all arrangements on the Project between the Customer and the Amicon team are discontinued.
3. Terms of use of Amicon
The User may use Amicon only on the terms set out in this Agreement. These terms include: - registration on Amicon; - the User’s compliance with the rules of use of Amicon. Amicon grants the User a non-exclusive right to use Amicon under this Agreement.
3.1 User registration
3.1.1 Registration is possible using an email address. After registration is completed, the User gains access to the Profile. Only one Profile linked to one email address may exist on Amicon at the same time. 3.1.2 For subsequent access to the Profile, the User uses the login credentials used at registration. 3.1.3 If login credentials are lost, the User restores them independently using the functionality provided in Amicon’s interface. 3.1.4 The User may not sell, rent, or give login credentials or the Profile to third parties. The User must keep login credentials confidential. The User bears full responsibility for actions and/or omissions that result in disclosure, loss, or theft of their login credentials. 3.1.5 The parties acknowledge that login credentials constitute a simple electronic signature. 3.1.6 The parties acknowledge that all actions taken on Amicon using the User’s login credentials are deemed to have been taken by the User personally. The User is liable for such actions.
3.2 Rules for use of Amicon
3.2.1 User’s obligations
3.2.1.1 Act in good faith, comply with applicable law and the rules of use of Amicon. 3.2.1.2 Engage only in activities for which the User has all necessary rights, licenses, registrations, permits, certificates, etc. 3.2.1.3 Post on Amicon only accurate, up-to-date information that does not contradict applicable law. 3.2.1.4 Not post on Amicon misleading information that could mislead the Amicon team or other Users. 3.2.1.5 Not infringe intellectual or other rights of third parties. The User must ensure the lawfulness of all elements and information they post on Amicon. The User is solely liable for any violations of law or third-party rights they commit. 3.2.1.6 The User undertakes not to harm Amicon’s business reputation by their actions.
3.2.2 Prohibited conduct
3.2.2.1 Attempting to gain unauthorized access to another User’s personal information, Profile, or login credentials by any means, including deception, abuse of trust, or hacking a profile. 3.2.2.2 In any way misleading other users or the Amicon team, impersonating another person or their representative without sufficient authority, or using other forms or methods of unlawful representation. 3.2.2.3 Taking actions aimed at disrupting normal operation or circumventing Amicon’s technical restrictions; using malware, automated scripts, computer viruses or similar components, or other technical means to interact with Amicon outside the ordinary course of use. 3.2.2.4 Committing unlawful acts; using images or statements that promote or incite violence, pornography, cruelty, hatred or disrespect, contain threats, insults, or defamatory or vulgar content, justify unlawful or dishonest conduct, call for or incite such conduct, stir hatred or enmity, or conflict with moral norms or business practice, including the use of obscene or coarse language. Posting politically oriented information, discrimination on grounds of sex, race, religion, or nationality, or any materials that infringe copyright or license rights, or other materials that infringe third-party rights in intellectual creations, is prohibited.
4. Project
4.1 Amicon is a platform for interaction between the Customer and the Amicon team within the implementation of projects. 4.2 A project may be initiated by the Customer or by the Amicon team. Participation in a created project is confirmed by the party included in it: if the project is created by the Customer, participation is confirmed by the Amicon team; if the project is created by the Amicon team, participation is confirmed by the Customer. Correspondence and exchange of information within the Project via the project chat is deemed confirmation of a party’s participation in the Project. If a party does not wish to participate in the project, it must at any time clearly state in the project chat that it does not wish to participate in the Project and cease correspondence and exchange of information within the Project via the project chat. 4.3 The project chat is organized on a “single window” principle, allowing the entire course and chronology of the Project to be traced, including through filtering and search tools. In disputed situations (e.g. scope, payment terms, deadlines, or other matters), information posted in the project chat is used to resolve the dispute. The Customer and the Amicon team acknowledge information posted in the Project chat. Duplication of information posted in the project chat may be sent to the Customer’s email. The Customer independently manages notification settings through Amicon’s interface and is responsible for the absence of duplicate messages to the email they specified if that setting is disabled. 4.4 At the Customer’s request and with the Amicon team’s consent, Observers (e.g. members of the Customer’s team) may be added to the Project. Observers may view Project-related information but do not take direct part in the Project. Contact regarding the Project is only between the Customer and the Amicon team. 4.5 At the Customer’s request, with the consent of the Amicon team and the Observer, the Customer’s rights may be transferred to one of the Observers, whereby the current Customer’s rights change to those of an Observer. There may be only one Customer in a Project. 4.6 When rights are transferred from the Customer to an Observer, all obligations and liability under the Project in respect of all prior agreements are also transferred (assumed). For example, if Customer No. 1 indicated within the Project that functionality “A” should be added to the app, the Observer who received rights from Customer No. 1 and became Customer on the Project accepts obligations to pay for work already performed, even if, in their view, Customer No. 1 who transferred the rights was wrong to require functionality “A” to be added to the app. 4.7 The Project is closed when the project goal is achieved by the Customer accepting all Stages of the Project and the Customer has fully paid for work performed by the Amicon team. The Project may also be closed at any stage of its life cycle if the Customer or the Amicon team refuses to participate in the Project; in that case, funds are not refundable to the Customer if closure is initiated by the Customer, whereas if closure is initiated by the Amicon team, funds are refundable to the Customer for Stages that were not performed but were prepaid. Funds for Stages that were performed and accepted by the Customer are not refundable.
5. Rights of the parties
5.1 Amicon may send Users service messages necessary for registration/authorization on Amicon, as well as marketing and informational messages to inform them and communicate other information related to use of Amicon. 5.2 Messages may be sent to contact details specified by the User in the profile: email address and/or mobile phone. 5.3 The Amicon team may contact the User to collect feedback on interaction with Amicon. 5.4 The Amicon team may refuse to provide services without stating reasons. 5.5 From the moment the Agreement is terminated or expires, the Amicon team may delete from Amicon all of the User’s data without possibility of recovery. 5.6 The Amicon team may suspend Amicon’s operation for necessary scheduled maintenance and repair work, as well as unscheduled work in emergencies. Suspension does not result in recalculation of the price of services provided to the User. Amicon is not liable to the User and does not compensate any losses and/or lost profit or indirect damages due to suspension of Amicon’s operation. 5.7 The Amicon team may update Amicon’s interface, functionality, and services at any time at its sole discretion. 5.8 The Customer may initiate creation of a Project. 5.9 The Customer may, at their discretion, choose how to receive notifications of messages arriving in the Project chat on Amicon. The Customer adjusts notification settings independently through Amicon’s interface. 5.10 The Customer may request that the Amicon team add an Observer to the Project or remove an Observer. 5.11 The Customer may request that the Amicon team designate an Observer as Customer while simultaneously designating the current Customer as Observer. 5.12 The Amicon team may initiate creation of a Project and, at its discretion, include in it a Customer registered on Amicon. 5.13 The Amicon team may, at its discretion, use all contact channels specified by the Customer to communicate with and notify the Customer, or only one channel—the project chat. 5.14 The Amicon team may add an Observer to the Project or remove an Observer, and may refuse to add or remove an Observer without stating a reason. 5.15 The Amicon team may designate an Observer as Customer while simultaneously designating the current Customer as Observer upon request from the current Customer and with the consent of the Observer to be appointed, provided the current Customer and the Observer to be appointed meet conditions set by the Amicon team (e.g. conclusion of a contract with the new Customer). The Amicon team may refuse to designate an Observer as Customer without stating a reason.
6. Liability
6.1 Amicon undertakes to make all reasonable efforts to provide services properly; however, it is not liable and does not compensate the User’s losses if the User cannot use the services for the following reasons: 6.2 Technological and technical failures of server equipment and public communication channels used to access the services; loss of internet access by the User for any reason; errors, omissions, interruptions in operation or data transmission; communication line defects and other technical failures; 6.3 Unauthorized interference in Amicon’s operation by third parties, including hacking, DDoS attacks, virus activity, and other disruptions of Amicon; 6.4 Loss of access to the Profile by the User, including where there are signs of unauthorized use; 6.5 Occurrence of force majeure circumstances. 6.6 Amicon’s liability to a User using Amicon is limited to an amount not exceeding the price of the service paid for by the User but not received due to Amicon’s fault. 6.7 Amicon is not liable to the User for losses incurred by the User not due to Amicon’s fault, including due to the User’s violation of Amicon’s rules. 6.8 Amicon is not liable for transfer or crediting of the User’s funds in payment for Amicon’s services. Security, confidentiality, and other terms of use of the payment methods chosen by the User are governed by agreements between the User and the relevant payment organizations. 6.9 Amicon is not liable to the User for any other losses and/or expenses, including lost profit and indirect damages, including those arising from violations when posting information on Amicon. 6.10 Amicon is not liable to the User for any losses and/or expenses, including lost profit and indirect damages, arising from suspension of Amicon’s operation for necessary scheduled maintenance and repair work, as well as unscheduled work in emergencies. 6.11 If proper performance of this Agreement by the parties is impossible due to objective circumstances that neither party could foresee or prevent (natural disasters, changes in the legislation of the Russian Federation, acts of public authorities, military actions of any kind, etc.), neither party may demand compensation from the other for losses caused by improper performance or non-performance of this Agreement (including lost profit). 6.12 The User is liable for any actions taken on Amicon using their login credentials (including actions by employees and third parties) and for losses that may arise from unauthorized use of the User’s Profile and login credentials. 6.13 In case of theft or loss of login credentials, the User independently takes the necessary steps to change the password for access to the Profile. Amicon is not liable for actions of third parties that resulted in theft or loss of your login credentials, or for any expenses, damages, or lost profit arising from unauthorized access by third parties to the User’s Profile. 6.14 Amicon does not pre-moderate User content. Amicon is not responsible for User content posted on Amicon and does not act as its distributor.
7. Claims
7.1 Disputes arising under this Agreement shall be submitted to the arbitration court; if a dispute is not within the jurisdiction of the arbitration court under applicable rules—to other courts in accordance with the legislation of the Russian Federation. 7.2 Before going to court, the User must follow a pre-trial dispute resolution procedure by sending a written claim to Amicon’s email address 1 with documents supporting the circumstances and claims referred to by the User. Such claims shall be reviewed within no more than 30 days from receipt of the claim by the Amicon team.
8. Miscellaneous
8.1 The Agreement takes effect from the moment it is concluded as set out in the “General provisions” section of the Offer and remains in force for an indefinite term until terminated in accordance with the Agreement and the law. 8.2 Amicon may amend and/or supplement the Agreement to the extent permitted by the legislation of the Russian Federation, and may withdraw the Agreement at any time. The date of amendment of the Agreement is the date a new version of the Offer is published on Amicon. 8.3 All personal data of users are processed in accordance with Amicon’s privacy policy. 8.4 Use of Amicon’s functionality under the Agreement after amendments to the Agreement take effect means the parties have agreed on the relevant amendments and/or supplements to the Agreement. 8.5 Amicon’s administration may suspend performance of its obligations if the User breaches reciprocal obligations under the Agreement. 8.6 The Agreement may be terminated early at the initiative of the User or Amicon’s administration. 8.7 The Agreement sets out all terms agreed between the parties regarding its subject matter and supersedes all prior arrangements, representations, and agreements of any kind between the parties regarding its subject matter, unless otherwise expressly agreed. 8.8 Relations between Amicon’s administration and the User under this Agreement are governed by the legislation of the Russian Federation, unless otherwise expressly stated.