Subscription Renewal User Agreement for the Mobile Application «BAIC Connect»
This document represents an offer by LLC "Tri Tochki" to enter into a paid service agreement for subscription renewal under the terms outlined below.
LLC "Tri Tochki" , OGRN 1147746433405, INN 7729770064, registered at: 117186, Moscow, Nagornaya St., bldg. 3A, floor 5, room I, office 40 (hereinafter referred to as the "Company"), acting through its General Director Anton Leonidovich Zhukov in accordance with the Charter, offers this Subscription Renewal Agreement for the Mobile Application «BAIC Connect» ("Agreement") to any capable individual who meets certain requirements and intends to use the Mobile Application «BAIC Connect» (hereinafter referred to as the "User"). The Agreement is concluded when the User accepts this public offer by performing the specified actions.
The Subscription Renewal Agreement for the Mobile Application «BAIC Connect» is considered concluded between the Company and the User from the moment the User renews their subscription to the Mobile Application «BAIC Connect» by making payment in accordance with the procedures outlined in this Agreement.
Before using the paid subscription to the Mobile Application «BAIC Connect», the User must carefully read this Agreement and unconditionally accept all of its terms.
Any use of the paid subscription to the Mobile Application «BAIC Connect» by the User signifies their complete and unconditional acceptance of all the terms of this Agreement.
If the User does not accept the terms of the Agreement in full or in part, they are not entitled to use the paid subscription to the Mobile Application «BAIC Connect» for any purpose.
1. TERMS AND DEFINITIONS
The following terms are used in this Agreement and have the meanings defined below. If any other terms or concepts are used in this Agreement that are not defined in this section, they will be interpreted according to their usual meaning in the relevant field.
1.1. Offer — This document titled "Offer for Paid Subscription Services to the Mobile Application «BAIC Connect»", available on the Internet at the address: https://BAIC Connect.store/docs/polzovatelskoe-soglashenie-o-prodlenii-platnoj-podpiski-k-mobilnomu-prilozheniyu-BAIC Connect/ .
1.2. Subscription — The provision to the User, under the terms of the Contract, of the opportunity to pay for a limited period of time to receive a certain number of services related to their vehicle via access to the Mobile Application «BAIC Connect» under a paid subscription.
1.3. Acceptance of the Offer — Full and unconditional acceptance of the Offer by the User through the performance of the actions specified in paragraph 3.3 of the Offer. Acceptance of the Offer constituBAIC Connect the conclusion of the Contract.
1.4. Contract — A contract for the provision of paid subscription services between the User and the Company, concluded by the User's acceptance of the Offer in accordance with the terms set out in the Offer and the provisions of Article 429.4 of the Russian Civil Code (subscriber contract). The Contract is deemed written in accordance with paragraphs 3 of Articles 434 and 438 of the Russian Civil Code.
1.5. Confirmation Code — A unique sequence of characters automatically generated by the Company and sent to the User via SMS message to the mobile phone number provided during Authorization, to allow access to the Mobile Application from the User’s Device.
1.6. Mobile Application «BAIC Connect» — A mobile application for monitoring and determining vehicle parameters through data transmission via the Misos monitoring device (any modification). System requirements for installing the Mobile Application: iOS 14.0 or higher, Android 9.0 or higher.
1.7. User — An individual who has completed the Authorization process and unconditionally accepted the terms of this Agreement.
1.8. Privacy Policy — A document regulating the purposes, methods, and procedures for obtaining, processing, and storing information about the User for payment and granting access to the Mobile Application, as well as for concluding this Agreement. The Privacy Policy is available within the Mobile Application.
1.9. Transport Vehicle (TV) — A passenger vehicle owned and used by the User.
1.10. Device — A mobile electronic device of the User (smartphone, mobile phone), connected to the public information and telecommunications network "Internet," operating on the basis of the iOS or Android operating system, and on which the Mobile Application is installed.
1.11. Account — A collection of digital data created by the Company based on the data provided by the User (including Login) and the confirmation code issued by the Company to the User, required for the User to access and perform actions provided by the Mobile Application.
By this Agreement, the Company and the User agree and confirm that the combination of digital data constituting the Login and the Confirmation Code shall be treated as a simple electronic signature of the User in further relations between the Parties within the framework of the Mobile Application (hereinafter, the "Electronic Signature"). The User undertakes to maintain the confidentiality of the Confirmation Code, which serves as the key to the Electronic Signature.
1.12. License — A simple (non-exclusive), non-transferable revocable license for using the Mobile Application under a paid subscription. The duration of the License runs from the date the User begins using the Mobile Application until the end of the paid subscription and the deletion of the User's account in the Mobile Application «BAIC Connect».
1.13. Terms may be used in the Offer that are not defined in Chapter 1 of the Offer. In such cases, interpretation of these terms is carried out in accordance with the text of the Offer. If there is no clear interpretation of the term in the Offer, the interpretation should follow: first, applicable documents; second, Russian legislation; third, information on the official website; and finally, commonly accepted usage in the Internet.
2. SUBJECT OF THE AGREEMENT AND GENERAL PROVISIONS
2.1
The subject of the contract concluded under the terms of this Offer is the provision to the User of the right to use the Mobile Application «BAIC Connect» under a paid subscription, on the basis of a License, in the manner and within the scope defined by this Agreement. The User will be able to receive the following services via the Mobile Application «BAIC Connect» for a limited period (hereinafter referred to as the "Subscription Period") in exchange for payment:
Monitoring of the vehicle's location, movement, and speed;
Calculation of the vehicle's mileage and engine hours;
Determination of the driving style;
Transmission of information to the telematics server via GPRS, and the User must pay for the Subscription Cost.
2.2
Before proceeding with the registration of a paid subscription to the Mobile Application «BAIC Connect», the User must read this Agreement carefully. If the User disagrees with any specific provision or with the Agreement as a whole, they must cease using the Mobile Application entirely. By expressing their consent to the terms of this Agreement and continuing to use the Mobile Application, the User unconditionally and fully agrees to all the terms of this Agreement.
2.3
The Company and the User hereby agree and confirm that within the framework of the Mobile Application, they mutually recognize electronic documents signed with a simple electronic signature as equivalent to paper-based documents signed with a handwritten signature and as having legal binding force for both Parties.
2.4
Signing an electronic document with an electronic signature within the framework and in cases provided by certain functions of the Mobile Application is carried out by the Parties through performing a set of the following actions:
2.4.1
From the Company’s side, agreements and other significant documents are either published in the Mobile Application in the form of a public offer or another unilateral expression of will of the Company, or signed with a simple electronic signature. In this context, documents signed by the Company with a simple electronic signature are understood as messages generated and sent to the User via push notifications or SMS messages by the Mobile Application, thereby identifying the Company.
2.5
The Company provides the User with access to the use of the Mobile Application and any information contained therein on an "as is" basis, without any warranties of any kind. The Company does not guarantee error-free or uninterrupted operation of the Mobile Application or its individual components and/or functions, nor does it guarantee that the Mobile Application meets the specific objectives or expectations of the User. Additionally, the Company does not provide any other warranties not explicitly stated in this Agreement.
2.6
A paid subscription to the service Mobile Application «BAIC Connect» is a non-refundable payment and cannot be refunded in the event of early termination of the Offer or discontinuation of the application usage.
3. TERMS AND PROCEDURE FOR SERVICE DELIVERY
3.1
The text of the Offer, permanently available on the Company’s official website, contains all essential conditions and constituBAIC Connect an offer from the Company to enter into a Contract with any fully capable individual using the Mobile Application, on the terms specified in the Offer. This document is considered a public offer in accordance with Russian legislation.
3.2
A mandatory condition for the Company providing services under the Subscription is the User's acceptance and compliance with the requirements and provisions outlined in the Offer regarding the relationship between the Parties under the Contract.
3.3
Procedure for Entering into the Contract:
3.3.1
The User familiarizes themselves with the terms of the Offer, information about the Company, the Services available under the Subscription, and the conditions for their provision, which can be obtained under the Subscription, as well as information about the Subscription Cost and Subscription Period, displayed on the Company's official website.
3.3.2
The Company determines a free trial period for using the Mobile Application: 3 months from the day of the initial activation of Misos Pro devices and 12 months from the day of the initial activation of Misos Lite devices with a serial number starting with ML1, meaning the device was installed by an official dealer; and 3 years from the day of the initial activation of Misos Lite devices with a serial number starting with ML0 for Hyundai vehicles and 1 year for KIA vehicles, meaning the device was installed at the Hyundai Motor Manufacturing Rus plant.
3.3.3
Initial device activation is determined based on the first command sent to activate the device, regardless of the order of ownership of the vehicle on which it is installed. The free trial period is not reset or extended due to the transfer of ownership of the vehicle equipped with the device.
3.3.4
The User compleBAIC Connect the procedure of linking a bank card and/or electronic payment method to their Account (Linked Card). For the purposes of this Offer, any bank card and/or electronic payment method linked to the Account (including those linked before or after the Subscription is made) is considered a Linked Card. The Company or an authorized representative has the right to deduct the amount equal to the Subscription Cost from any of the Linked Cards.
3.3.5
After performing the actions described in paragraphs 3.3.1 and 3.3.3 of the Offer, the User accepts the Offer by clicking the "Pay" button.
3.4
Unless otherwise specified in the User’s Account, the Subscription Cost is charged for each Subscription Period selected by the User during the Subscription process.
The Subscription Period chosen by the User begins from the moment the active period ends and lasts for the duration of the selected service package. It expires on the corresponding calendar date and month of the year, matching the total number of six months of the Subscription selected by the User, added to the end date of the remaining active period if such a period exists at the time of payment.
3.5
Payment of the Subscription Cost is made by the User in accordance with the procedures outlined in this paragraph.
By entering data related to the Linked Card and subsequently using it, the User confirms and guarantees that the information provided about the actual bank card issued in their name is accurate and complete; that they comply with the rules of international payment systems and the requirements of the issuing bank of the Linked Card, including those related to the procedure for making cardless payments; that they provide accurate and complete information about the electronic payment method; and that they follow the requirements of the electronic money operator.
The Company reserves the right to request confirmation of the data entered in the User’s Account at any time, including data related to the Linked Card, and may require supporting documents (e.g., identity documents) for verification. Failure to provide such documents, at the Company’s discretion, may be deemed as providing false information and may lead to suspension or termination of service delivery.
Payment of the Subscription Cost is made by the User through the Company’s official website. The Company acts as the recipient of the payment, operaBAIC Connect in its own interest, and is authorized to accept funds from the User for the Subscription Cost, possibly involving an authorized payment operator, an e-money operator, or other participants in financial transactions and IT interaction. The Company does not guarantee the absence of errors or malfunctions in the provision of the cardless payment option. The Company is not considered a payment agent under Russian law.
3.6
By subscribing, the User is deemed to have accepted the terms of the Offer in full, without any reservations or exceptions. If the User does not agree with the terms of the mentioned documents, they must terminate the Subscription in their Account.
3.7
Access to the Subscription is considered fully granted to the User for the Subscription Period from the moment the Subscription Cost is paid via the Mobile Application «BAIC Connect», provided that the payment is reflected in the Company’s electronic payment accounting system.
3.8
Within the framework of the Subscription purchased by the User, the User gains access to the Mobile Application «BAIC Connect» and utilizes all services listed in paragraph 2.1 of this Agreement.
4. SUBSCRIPTION COST AND PAYMENT TERMS
4.1
The cost of the Subscription is indicated in the Mobile Application «BAIC Connect», and includes compensation as well as all expenses and costs incurred by the Company in connection with providing services under the paid Subscription renewal, unless otherwise specified in the Offer.
4.2
Payment for the Subscription cost is made through a non-cash payment from the Linked Card in accordance with the procedure described in paragraph 3.5 of this Agreement, in the amount of 100% of the cost of one month of the Subscription.
4.2.1
Payment for the Subscription cost for subsequent months is made monthly, no later than the last day of the paid billing month.
4.2.2
After the free trial period for using the Mobile Application «BAIC Connect» as specified in paragraph 3.3.2 of this Agreement, payments are made through monthly deductions in Russian rubles from the bank card account at the request of the User of the Mobile Application «BAIC Connect» on behalf of the Company, and transferred to the Company's bank account.
4.3
In the event of a payment delay within 10 (ten) calendar days from the date specified in paragraph 4.2.1 of this Agreement, the start date of the next payment period will be counted from the actual date of the payment made.
4.4
In the event of a payment delay exceeding 10 (ten) calendar days, the Subscription to the Mobile Application «BAIC Connect» will be automatically terminated at the initiative of the Company.
4.5
In the case of termination of the Offer and re-conclusion of the Offer, the User must pay 100% of the Subscription cost for the first month under the new Offer, excluding the free trial period mentioned in paragraph 3.3.2 of this Agreement. Subsequent payments shall be made in accordance with paragraphs 4.2.1 and 4.2.2 of this Agreement.
5. PERSONAL DATA
5.1
The Company undertakes to process personal information of the User received in the course of providing subscription-based services in accordance with the requirements of the Federal Law "On Personal Data" dated July 27, 2006 No. 152-FZ.
5.2
Processing of the User’s personal information is limited to the purposes of providing subscription-based services. The Company may transfer personal information to third parties only if such transfer is necessary for the provision of services, including when third parties participate or are involved in fulfilling obligations under this Agreement.
5.3
The User also consents to the transfer of their personal information to the Company and/or its affiliated entities for processing under the conditions set out in the Privacy Policy published at www.ttri.ru , for the purpose of quality control of the services provided, as well as for processing requests and complaints from the User related to the operation of the Mobile Application «BAIC Connect».
5.4
The Company has the right to use data containing de-identified user information, including transferring such data to third parties, including its affiliaBAIC Connect, for the creation and processing of statistical data, improving the quality of service delivery and the Mobile Application «BAIC Connect», among other things.
6. USER OBLIGATIONS AND LIABILITY
6.1
The User must comply with the terms of this Agreement, current Russian Federation legislation, as well as the legal requirements of the Company.
6.2
The User is responsible for non-performance or improper performance of their obligations under this Agreement in accordance with this Agreement and current Russian Federation legislation.
6.3
The User is responsible for all actions performed by them in the Mobile Application «BAIC Connect».
6.4
This Agreement does not grant the User any rights to use intellectual property objects, including trademarks and service marks of the Company or its partners, except for the rights explicitly granted by this Agreement.
7. COMPANY WARRANTIES AND LIABILITY
7.1
The Company is liable for non-performance or improper performance of its obligations under this Agreement in accordance with this Agreement and current Russian Federation legislation.
7.2
Actions of any third parties, as well as communication operators, are not considered actions of the Company, and the Company does not bear responsibility for them.
7.3
The Company is not liable for violations of the terms of this Agreement if such violations are caused by force majeure circumstances, including but not limited to: actions and decisions of state authorities and/or local self-government bodies, fire, flood, earthquake, other natural disasters, lack of electricity and/or computer network failures, strikes, civil unrest, disturbances, and any other circumstances that may affect the performance of the Company's obligations under this Agreement.
7.4
The Company is not liable for non-performance or improper performance of its obligations if such failure is caused by the User's actions or inaction beyond the Company's control, including due to incorrect actions or inaction by the User.
7.5
The Company does not monitor or control the content of information posted, transmitted, or used in the Mobile Application «BAIC Connect». The User is solely responsible for any information they post, transmit, and/or use in the Mobile Application «BAIC Connect» or through it. In the event that the Company receives claims about infringement of third-party rights, or receives corresponding requests from authorized government agencies regarding violations of current Russian legislation related to posting, using, or transmitting information by the User, or upon identifying relevant risks, the Company reserves the right to remove the corresponding information.
8. DURATION OF THE AGREEMENT AND PROCEDURE FOR CHANGES AND TERMINATION
8.1
The User accepts this Agreement by performing the actions related to paying for the Subscription to the Mobile Application «BAIC Connect». The date on which the User performs these actions is considered the effective date of this Agreement.
8.2
An Agreement that has been terminated for any reason continues to be in effect with respect to the unfulfilled obligations of the Parties until such obligations are fully performed.
8.3
In the event of termination of the Agreement or expiration of the License period, the User must immediately cease any use of the Mobile Application «BAIC Connect» and remove it from the memory of all Devices.
9. DISPUTE RESOLUTION AND JURISDICTION
9.1
All dispuBAIC Connect and disagreements arising under this Agreement are resolved through negotiations in accordance with the mandatory claim procedure.
9.2
If the Company and the User fail to reach a resolution through negotiations within 10 (ten) calendar days, the dispute will be submitted for resolution to the court in accordance with current Russian Federation legislation at the location of the Company. The language of judicial proceedings is Russian.
10. OTHER TERMS
10.1
In cases not regulated by this Agreement, the relationship between the Company and the User is governed by current Russian Federation legislation, regardless of the location of the Company, the User, or the User's Device.
10.2
A User who has not accepted the terms of this Agreement or has accepted them by mistake must inform the Company and is not entitled to use the Mobile Application.
11. COMPANY DETAILS
LLC "Tri Tochki"
Address: 117186, Moscow, Nagornaya St., bldg. 3A, floor 5, room I, office 40
OGRN: 1147746433405, INN: 7729770064, KPP: 772701001