Terms of service "Intercom NFC"

These Terms of Service "Intercom NFC" are a public offer (hereinafter referred to as the Terms) and are addressed to OOO ARTCITY to any capable individual who meets the requirements of these Terms.

1. Terms and definitions

The following terms are used in these Terms with the meanings defined below. In the event that the Terms and Conditions use terms and concepts that are not defined in this section, they have the meanings that are defined in the License Agreement for the use of the NFC Intercom application or are usually assigned to them in the relevant industry / area.

1.1. Company - OOO ARTCITY

1.2. User - a person who meets the requirements of these Terms, is authorized and connected to the Service and has unconditionally accepted these Terms. The user can be both an individual and a legal entity.

1.3. Site is an automated information system available on the Internet.

1.4. Subscription is the use of an application or service for a certain period in accordance with the Google Play and AppStore policies.

1.5. Application - the "NFC Intercom" program for Devices, which is the intellectual property of the Company, designed to receive the Service.

1.6. Device - an electronic device of the User connected to the Internet, operating on the basis of mobile operating systems, enabling the User to use the Service through the Application.

1.7. Service - a set of services provided by the Company under these Terms, in the provision of which the Application is used.

1.8. The reader is an electronic device with short-range wireless data transmission technology according to the NFC standard, as well as Bluetooth technology.

1.9. Number - a subscriber number allocated to the User by the operator of the mobile radiotelephone communication network within the framework of a separately concluded contract for the provision of communication services.

1.10. Equipment - intercom equipment provided to the User for temporary use and / or the possession or ownership of the Intercom Company.

1.11. An intercom company is a legal entity that provides the User with Equipment and / or maintains the Equipment under a separately concluded agreement.

2. Subject of the Terms and General Provisions

2.1. In accordance with these Terms, the Company undertakes to provide the User with the Service, which consists in providing the following opportunities:

open the driveway using the functionality of the Application and the installed Reader developed by the Company, installed next to the door station of the intercom or in the immediate vicinity of the driveway.
2.2. The User undertakes to pay for the Service in accordance with these Terms.

2.3. The user guarantees that he will not use the Service in violation of the requirements of the current legislation, these Terms and for the purpose of causing harm to the Company or third parties.

2.4. The User informs the Company about the presence of errors or malfunctions during the use of the Service using the feedback form in the Application.

3. Connecting the Service

3.1. The use of the Service is possible only subject to the use of the Application and acceptance of the License Agreement for the use of the Application, as well as the presence of an installed Reader manufactured by the Company.

3.2. To obtain the Application, the User independently downloads (downloads) the Application to the Device using the AppStore (itunes.apple.com) and / or Google Play (play.google.com) on the Internet.

3.3. To connect to the Service, the User is authorized by his personal phone number and pays the cost of the service according to the selected Subscription tariff.

3.4. If the User, when connecting to the Service, provides inaccurate information, or if the Company has reason to believe that the information provided by the User is unreliable, the Company has the right, at its discretion, to block the User's access to the use of the Service.

3.5. All actions of the User using the Application are considered to be performed within the framework of using the Service.

4. User statements

4.1. By accepting these Terms, the User declares that he:

4.1.1. speaks Russian at a level sufficient to read and understand the meaning and significance of these Terms;

4.1.2. read the Terms, realized the meaning and meaning of the specified document, agree with its content and accepts it without any reservations, exceptions and undertakes to fulfill the requirements set by it, be responsible for non-fulfillment / improper fulfillment of the requirements and conditions set forth in it, and also understands all the consequences their actions to use the Service;

4.1.3. provided the Company with complete, valid and reliable data when connecting to the Service;
4.1.4. agrees to receive from the Company any notifications, messages, information and mailings in any format, provided that their content meets the requirements of the current legislation of the Russian Federation;

4.1.5. recognizes the legal force for the documents sent by the Company when providing the Service through the Application as for personally signed documents, for actions performed through the Application;

4.1.6. acknowledges that the means of identification used by the Company are sufficient to obtain the Service;

4.2. A user who has not read these Terms in a timely manner assumes all risks of adverse consequences associated with this.

5. The Company does not collect the User's personal data. The disclosure of the User's registration data is possible in cases stipulated by the legislation of the Russian Federation.

6. Warranties, obligations and responsibilities of the User

6.1. The User undertakes to pay for the Company's services for the provision of the Service in accordance with these Terms. If the User fails to fulfill this obligation, the Company has the right to suspend the provision of the Service.

6.2. The User is aware that the proper functioning of the Service is related to the operability of the Equipment and undertakes to independently ensure that the necessary agreements with Intercom companies are in place to use the Equipment and support its operability.

6.3. The User guarantees that he will use the Service only for personal non-commercial purposes and only in accordance with these Terms.

6.4. The user guarantees that he will not act on behalf of another person, and the number when registering in the Application belongs to him personally.

6.5. The User understands and agrees that in order to receive the Service, the User must install and use the Application by accepting the License Agreement for the use of the Application.

6.6. When using the Service to open driveways, the User must be aware of the risks associated with such actions. The user is solely responsible for the consequences of the actions taken to provide third parties with access to the territory of the house through the Service.

6.7. The user is responsible for all actions carried out by him while using the Service.

6.8. The User undertakes not to use any technologies and not to take any actions that may harm the Application and the Reader, the interests and property of the Company.

6.9. The User undertakes to comply with other provisions of the current legislation of the Russian Federation, the provisions of these Terms and the legal requirements of the Company.

6.10. If, in connection with the User's violation of these Terms, the Company incurs losses, including as a result of claims and claims brought against the Company by third parties, the User undertakes to settle such claims and claims on his own and at his own expense, and to reimburse the Company caused by the User's failure to comply with these Terms. losses in full.

6.11. For non-fulfillment or improper fulfillment of his obligations under these Terms, the User is liable in accordance with the current legislation of the Russian Federation and these Terms.

7. Warranties and liability of the Company

7.1. The company is not responsible for:

7.1.1. for the proper functioning of the Device;
7.1.2. for the proper functioning of the User's Equipment;
7.1.3. for non-compliance of the Service with the expectations of the User;
7.1.4. for the actions of the User in the Application, and for the consequences of the User's use of the Service;
7.2. The Company is not responsible for the temporary inoperability of payment systems, ensuring the acceptance and transfer of payments from Users, caused by reasons beyond the control of the Company, as well as force majeure circumstances.

7.3. The Company is not responsible for violation of these Terms if such violation is caused by force majeure circumstances (force majeure), including among others: actions and decisions of state authorities and / or local government, fire, flood, earthquake, other acts of God, absence electricity and / or computer network failures, strikes, civil unrest, riots, any other circumstances that may affect the Company's compliance with these Terms.

7.4. The Company is not responsible for non-fulfillment or improper fulfillment of its obligations if this is caused by actions / inaction of the User outside the control of the Company, including as a result of erroneous actions / inaction of the User.

7.5. The actions of any third parties, as well as the actions of payment systems, telecom operators, intercom companies, management companies are not the actions of the Company, and the Company is not responsible for them.

8. Tariffication of the Service and payment procedure

8.1. The cost of providing the Service is determined by the tariff plan selected (connected) by the User by means of payment for the Subscription in the Application or on the Website.

8.2. When the User pays through the Site / Application, the bank may charge a commission from the payment amount. The amount of the commission is indicated on the payment confirmation page.

9. Procedure for changing and terminating the Terms

9.1. The user accepts these Terms by performing the actions specified in section 3 of these Terms. The date when the User performs these actions is the date of entry into force of these Terms.

9.2. Acceptance of these Terms is the fact of the conclusion of an agreement on the provision of the Service between the User and the Company.

9.3. These Terms are a subscription agreement within the meaning of civil law. These Terms are valid until the end of the User's subscription. In the event that neither the User nor the Company declares the termination of the contract, the contract is considered extended for the next subscription period. The number of contract extensions is not limited. The Company has the right to post a new version of the Terms before the end of the agreement. In this case, the current agreement with the User is considered terminated at the initiative of the Company. The User's actions for the further use of the Service are considered acceptance of the new version of the Terms and the conclusion of a new agreement. The User undertakes to independently monitor the notification of the new version of the Terms.

9.4. The user has the right to refuse to execute these Terms by canceling the Subscription.

9.5. The Company has the right to change the cost of services at the time of the subscription renewal.

9.6. The Company has the right to unilaterally and extrajudicially refuse to fulfill the Terms if the User violates any of his obligations, statements and guarantees provided for by the Terms. In this case, the Terms are considered terminated at the time of sending a notification to the User via the Application (sending a push notification) or sending short text messages to the User's Number.

9.7. In terms of the unfulfilled obligations of the Parties, the Conditions terminated for any reason continue to operate until the fulfillment of these obligations in full.

9.8. Due to the fact that the provision of the Service is associated with the fact that the User has the right to use the Equipment, the provision of the Service is terminated, and this agreement is considered terminated in the event of termination of the contract between the User and the Intercom Company.

10. Dispute Resolution and Jurisdiction

10.1. All disputes and disagreements under these Terms are resolved through negotiations. The parties have set the deadline for responding to the submitted claim at 10 (ten) business days.

10.2. If the Company and the User could not reach a mutually acceptable solution during the negotiations, the dispute is referred to the resolution of the court at the location of the Company.

11. Final provisions

11.1. From the moment these Terms come into force, the Company and the User recognize the legal force for messages and actions directed and performed, respectively, through the use of the Application on behalf of the User, as well as using the Number.

11.2. When the User is outside the territory of the Russian Federation or when the User specifies the Number of a foreign mobile operator during Registration, as well as for the purpose of receiving messages / notifications provided for by these Terms, the User assumes all risks of the User's untimely receipt or non-receipt of messages from the Company.

11.3. The User undertakes to notify the Company about the change in the Number provided by the User to the Company, and the Company is not responsible for any consequences associated with the change in the specified User data, if the User has not notified the Company about the specified circumstances and / or provided the Company with incorrect data.

11.4. The User acknowledges that the Application is sufficient to ensure proper operation, to confirm the authenticity and authorship of electronic documents sent using them, as well as to resolve conflict situations. The user trusts the software of the Company.

11.5. The application is the intellectual property of the Company, any use is allowed only with the permission of the Company. Using the Application without the permission of the Company in any way and for purposes other than those permitted by the Terms is illegal and may lead to bringing the User to responsibility.

11.6. In the part not regulated by these Terms, the relationship between the Company and the User is governed by the current legislation of the Russian Federation.

11.7. The Company has the right to use facsimile reproduction of the signature of an authorized person of the Company (by means of mechanical or other copying) in any documents, including in these Terms and / or in related messages and notifications. The parties recognize the validity of such documents.

11.8. For all questions related to the use of the Application with all claims, the User can contact the Company. When filing a claim with the Company, the User must provide documents confirming the validity of the claim, as well as indicate his data, including those provided by him during Registration.