Agreement
LICENSE AGREEMENT-OFFER
for granting non-exclusive rights to use software
Rostov-on-Don
January 1, 2022
This License Agreement (hereinafter referred to as the "Agreement") is an offer by sole proprietor Berezhny Artem Gennadievich (OGRNIP 308220831700050), acting under the certificate of registration as an individual entrepreneur, hereinafter referred to as the "Licensor" or DiMaker, to a legal entity or individual entrepreneur, hereinafter referred to as the "User".
In accordance with Article 438 of the Civil Code of the Russian Federation (RF Civil Code), unconditional acceptance (acceptance) of the terms of this offer shall be considered the User's payment and the receipt by the Licensor of the appropriate financial document confirming the payment.
1. SUBJECT OF THE AGREEMENT
1.1. The Licensor undertakes, at the User's request, to grant the latter the rights to non-exclusive use of software located on the Licensor’s online platform, namely, the right to use systems and services for creating electronic documents via an online editor on the website https://dimaker.app, in accordance with the terms specified in the "Usage Cost," and the User undertakes to pay the Licensor a fee for the provided rights.
1.2. This agreement constitutes an offer and is concluded by the User accepting the terms of this Agreement through registration on the DiMaker platform hosted on Licensor domains, https://dimaker.app (hereinafter referred to as the "Website"), and making the first prepayment as per Section 4 of this Agreement.
1.3. DiMaker guarantees the User access to the Website and Services daily, 24 hours a day, with a monthly availability rate of 99.8%.
1.4. Information entered into the User Account (personal profile) is stored on the server owned by the Licensor.
1.5. Definitions used in the Agreement:
Website – the webpage accessible on the Internet at https://dimaker.app.
Account – a personal profile registered by the User on the Website under a unique username, containing the User’s data.
Access – the act of logging into the electronic document creation system via the Website using the login and password obtained during registration.
Services – a set of functionalities and offerings of the Website, as outlined in the "Usage Cost."
Interface – the functional tools of the software enabling the User to input information, perform actions, obtain completed files, and utilize other features of the software product.
2. GENERAL CONDITIONS AND PROCEDURE FOR GRANTING RIGHTS
2.1. To obtain the usage rights under this Agreement, the User must register on the Website.
2.2. To determine the scope of granted usage rights, the User independently selects the required services and corresponding costs in the "Usage Cost" section on the Website.
2.3. The User is entitled to start using the Services upon completing registration on the Website, selecting services, and making payment. The software allows Users to create documents online, as well as access other services as per terms agreed between the Parties.
2.4. Any actions performed by the User on the Website and data added to the Account are recorded, and the chosen services are automatically confirmed and stored in the Website's memory.
2.5. If the User and/or their actions within the Services do not comply with the Website's terms, the Licensor shall notify the User of violations with a request to address them within the specified time.
2.6. The User may submit technical complaints or claims within five (5) business days of the respective grounds’ occurrence. Beyond this time, the Licensor reserves the right not to consider such claims.
2.7. The Parties acknowledge that sufficient proof of the Licensor granting the right to use the systems and services of the Website is the data generated by the Licensor's software.
2.8. Proper granting of rights to use the systems and services is confirmed by an Act of Use. The User has the right to submit a reasoned objection to accept the Act within ten (10) business days from its formation.
2.9. If no objections are received from the User within ten (10) business days of generating the Act, it is deemed accepted, and the rights are considered granted in full.
2.10. A printed and signed version of the Act, sealed by the Licensor, may be mailed to the User upon request.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. Rights and obligations of the Licensor:
3.1.1. DiMaker reserves the right to collect and analyze User data for statistical purposes while ensuring that confidential information is not transferred to third parties without prior consent.
3.1.2. The Licensor may process User-submitted data entered into the Account to ensure the platform’s operability and Services functionality.
3.1.3. The Licensor may inform the User of updates and new features on the Website via the registered email without requiring additional consent.
3.1.4. The Licensor may change the Website's content and Service functionalities without reducing their functionality, and without prior User notification.
3.1.5. The Licensor may temporarily suspend User access to the Services for technical and other necessary reasons.
3.2. Rights and obligations of the User:
3.2.1. The User is entitled to use Website Services only after fulfilling the required payments.
3.2.2. The User must adhere to the rules of the Website and act lawfully.
3.2.3. The User is prohibited from attempting unauthorized access to the system or circumventing its security measures.
3.2.4. The User must notify the Licensor immediately about unauthorized access instances.
3.2.5. The User is obligated to regularly review updates to the Website's Terms of Use and "Usage Cost" pricing policies.
4. FINANCIAL TERMS
4.1. The User is required to pay 100% upfront for the rights granted under this Agreement unless agreed otherwise in writing.
4.2. Payment is determined by the "Usage Cost" outlined on the Website.
4.3. Payments can be processed via the User’s Account on the Website using available methods (bank transfer, credit card, etc.).
4.4. The Licensor reserves the right to adjust pricing with a notification to the User's registered email at least thirty (30) days in advance.
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