User Agreement for the Use of the Mobile Application «KAIYI CONNECT»
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"), represented by its General Director Anton Leonidovich Zhukov acting on behalf of the Company's Charter, offers this User Agreement for the Use of the Mobile Application «KAIYI CONNECT» (hereinafter referred to as the "Agreement", "User Agreement") to any capable individual who meets certain requirements and intends to use the Mobile Application «KAIYI CONNECT». The Agreement is concluded through the User’s acceptance of this public offer.
The User Agreement for the Use of the Mobile Application «KAIYI CONNECT» is considered to be concluded between the Company and the User from the moment the User installs the Mobile Application «KAIYI CONNECT» on their Device and compleKAIYI CONNECT registration in the Mobile Application «KAIYI CONNECT» in accordance with the procedures outlined in this Agreement.
Before using the Mobile Application «KAIYI CONNECT», the User must carefully read this Agreement and unconditionally accept all of its terms.
Any use of the Mobile Application «KAIYI CONNECT» by the User signifies their complete and unconditional acceptance of all the terms of this Agreement, including those related to the processing of personal data.
If the User does not accept the terms of the Agreement in full or in part, they are not entitled to use the Mobile Application «KAIYI CONNECT» for any purpose.
1. TERMS AND DEFINITIONS
For the purposes of this Agreement, the terms and definitions used are to be interpreted in accordance with their meanings as defined in this section of the Agreement and/or by the content of the Agreement.
Terms not defined in this section but used in the Agreement shall be interpreted in accordance with their definitions under federal regulatory acts. In the absence of a legal definition for such terms, they shall be interpreted in line with customary practices in civil turnover.
1.1. User Authorization – Authentication and activation of the User's Account through the entry of the user’s phone number and Confirmation Code into a special form in the interface of the Mobile Application «KAIYI CONNECT».
1.2. Confirmation Code – A unique sequence of characters automatically generated by the Company and sent to the User via SMS message and/or a phone call to the mobile phone number specified during Registration to access the Mobile Application «KAIYI CONNECT» from the User’s Device.
1.3. License – A simple non-exclusive (without the right of sub-licensing), non-transferable revocable license granted by the Company to the User for using the Mobile Application «KAIYI CONNECT» under the conditions specified in this Agreement. The duration of the License runs from the date the User begins using the Mobile Application «KAIYI CONNECT» until the moment the User's Account is deleted from the Mobile Application.
1.4. User Personal Cabinet – A personal page of the User within the Mobile Application that is accessible via the User's Account and contains the User’s personal data and other information necessary for using the functionality of the Mobile Application.
1.5. Login – A subscriber number identifying the User's Device on the mobile network (mobile phone number), provided by the User during Registration and Authorization in the Mobile Application.
1.6. Mobile Application «KAIYI CONNECT» – Software for mobile electronic devices; the laKAIYI CONNECTt version of which is available at the AppStore and Google Play Internet services accessible via public information and telecommunication networks "Internet" at the following web addresses: itunes.apple.com and play.google.com respectively. The Mobile Application also represents an information system operated by the Company. It is used for monitoring and determining parameters of the Transport Vehicle by transmitting data through a monitoring device (telematics equipment) and as an information service providing users with various services. System requirements for installing the Mobile Application: iOS 14.0 or higher, Android 9.0 or higher.
1.7. Personal Data – Data entered by the User for the provision of services, including first name, last name, patronymic, mobile phone number, email address, etc., and subsequently reflected in the User's Account.
1.8. Subscription – Provision of the User with the opportunity to pay for limited-time access to the Mobile Application «KAIYI CONNECT» under the conditions of the Subscription Renewal User Agreement.
1.9. User – An individual who has completed the Registration process and unconditionally accepted the terms of this Agreement for the purpose of using the Mobile Application «KAIYI CONNECT».
1.10. Privacy Policy – A document regulating the objectives, methods, and procedure 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 in the Mobile Application «KAIYI CONNECT».
1.11. Partner – A legal entity conducting entrepreneurial activity by providing services to registered Users through the Service of the Mobile Application «KAIYI CONNECT».
1.12. User Registration – A set of actions performed by the User and the Company as defined in this Agreement, aimed at creating the User's Account in the Mobile Application for the purpose of identifying the User among other Users of the Mobile Application and granting the User access to its functionality and Services.
1.13. Service – A component of the Mobile Application «KAIYI CONNECT», characterized individually and responsible for a specific function and the provision of services within the entire Mobile Application.
1.14. Agreement – This User Agreement, including all Appendices thereto, which constitute an integral part of the Agreement, as well as any additions and amendments.
1.15. Telematics Equipment – A device installed in a transport vehicle used for collecting and transmitting data over a wireless network in real time.
1.16. 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 systems, and enabling the User to technically install (connect), launch, and use the Mobile Application «KAIYI CONNECT».
1.17. Account – A set of digital data formed 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 gain access and perform actions as 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 Confirmation Code shall be considered by them, in accordance with the Federal Law of April 6, 2011 No. 63-FZ "On Electronic Signature," 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.
2. SUBJECT OF THE AGREEMENT AND GENERAL TERMS
2.1. The Company grants the User the right to use the Mobile Application under the conditions of a License, within the scope and in the manner defined by this Agreement.
2.2. Use of the Mobile Application is permitted on the territory of all countries around the world.
2.3. The Company grants the User the right to use the Mobile Application for its direct functional purpose in order to obtain services from the Company and/or its Partners.
2.4. In accordance with paragraph 2.1 of this Agreement, the User is allowed to use the Mobile Application in the following ways and for the following purposes:
2.4.1. Reproduction of the Mobile Application on the User's Device, limited to installation, launching, and storing the Mobile Application in the memory of an unlimited number of the User's Devices;
2.4.2. Use of the Mobile Application on the User's Devices solely for personal (non-commercial) purposes in accordance with its intended function;
2.4.3. Viewing content placed in the Mobile Application on the User's Device.
All actions listed in this paragraph must be performed personally by the User. Granting third parties the right to use the Mobile Application is not allowed.
2.5. The User may use the Mobile Application only within the rights and in the manner provided by this Agreement. Using the Mobile Application for any other purposes outside those specified in paragraph 2.4 of this Agreement is prohibited. Any rights to use the Mobile Application that are not explicitly stated in this Agreement are not granted to the User. In particular, the User is not entitled to:
2.5.1. create copies of the Mobile Application (or parts thereof) in any material form, modify it, decompile, disassemble, decrypt (decode), translate into other languages, breach its integrity, restore source code of the Mobile Application or any of its parts, or perform any other actions with the object code and source text of the Mobile Application, including for the purpose of obtaining information about the algorithms used in the Mobile Application;
2.5.2. distribute, sell, transfer, issue sub-licenses, grant usage or rental rights, transmit or otherwise provide third parties with the right to use the Mobile Application;
2.5.3. create derivative works using the Mobile Application, as well as use (allow to use) the Mobile Application, any of its components, cartographic materials, images, and other data stored by the Mobile Application on the User’s Devices;
2.5.4. use, reproduce, or distribute the Mobile Application for any commercial purposes (including for a fee), including as part of commercial products;
2.5.5. send mass mailings using the Mobile Application or place in the Mobile Application any information for which the User does not have the right to publish and/or which is: illegal; compromising (discrediting, defaming honor and dignity or business reputation); offensive; violating the privacy of third parties; inciting national, racial, or religious hatred or enmity or discrimination on any grounds, or promoting such phenomena; depicting or promoting violence or cruelty toward animals; vulgar or indecent; containing extremist content; containing restricted access information; knowingly false or inaccurate; promoting criminal activity; state, commercial, banking, or tax secrets, and any other information protected by the legislation of the Russian Federation; prohibited from distribution in accordance with the laws of the Russian Federation;
2.5.6. use the Mobile Application to violate the rights of third parties or for purposes conflicting with current Russian Federation legislation.
Using the Mobile Application (or any of its parts/materials) in a way not stipulated by this Agreement or otherwise beyond the rights granted to the User under this Agreement entails liability for infringement of exclusive rights on the Mobile Application, as established by the legislation of the Russian Federation.
2.6. The Company grants the User the right to use the Mobile Application for its direct functional purpose in order to obtain services from the Company and its Partners.
2.7. The Mobile Application can be used by the User to carry out operations and receive services from the Company and/or its Partners. If a service, work, product, or anything else is ordered through the Services of the Mobile Application not by the Company, the User enters into contractual relations directly with the entity providing the service, performing the work, delivering the product, or offering something else. The Company is not a party to such contractual relations and does not bear any obligations or responsibility for their proper and timely performance. For any issues related to services, works, products, or other items provided not by the Company, the User should contact the entity offering the service, performing the work, delivering the product, or offering something else. In addition, the Company is not responsible for payments made by the User to third parties, except the Company itself.
2.8. The terms of this User Agreement come into force at the moment the User expresses consent by completing the Registration process in the Mobile Application and remain in effect until the User deleKAIYI CONNECT their Account.
2.9. Before beginning to use the Mobile Application «KAIYI CONNECT», the User must read this Agreement carefully. The User is deemed to have accepted the terms of this Agreement in full, without any reservations or exceptions. If the User disagrees with any specific provision or with the Agreement as a whole, they must cease using the Mobile Application immediately. By expressing agreement with the terms of this Agreement and continuing to use the Mobile Application, the User unconditionally and fully accepts all the terms of this Agreement.
2.10. The Agreement may be amended by the Company without any special notification. The new version of the Agreement becomes effective upon its placement on the Internet at the address specified in this paragraph, unless otherwise provided in the new version of the Agreement. The current version of the User Agreement is always available on the page at: https://KAIYI CONNECT.store/docs/polzovatelskoe-soglashenie-ob-ispolzovanii-mobilnogo-prilozheniya-KAIYI CONNECT/
If the Company makes any changes, amendments, or additions to the Agreement in the manner prescribed by this paragraph, and the User disagrees with them, the User must stop using the Services of the Mobile Application.
2.11. Access to the Mobile Application is provided to the User under Subscription terms and is governed by a special user agreement.
2.12. Use of certain functions of the Mobile Application is possible only if the User's Device has access to the Internet. The User independently obtains and pays for such access according to the conditions and tariffs set by their mobile operator or Internet service provider.
2.13. 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 binding for both Parties under legal obligations.
2.14. 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:
2.14.1. From the Company 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.
2.14.2. From the User side, the formation and submission of all electronic documents to the Company is done through the functionality of the Mobile Application under the User's Account, whose data was provided during Registration, by clicking on active buttons.
2.15. 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.
3. USER REGISTRATION
3.1. To register, the User independently installs the Mobile Application on their Device using the Internet services AppStore or Google Play, which are available in the public information and telecommunication network "Internet" at the following web addresses: itunes.apple.com and play.google.com respectively.
3.2. After launching the Mobile Application on their Device for registration, the User enters their mobile phone number (Login) into the Mobile Application.
3.3. The Mobile Application provides the User with an opportunity to review (via display on the screen of the Device):
This Agreement;
The User's consent to the processing of his personal data for the purpose of receiving information about the Company’s and Partners’ products/services, including advertising-related information (hereinafter referred to as "Consent");
Privacy Policy.
The User cannot begin Registration without agreeing to the terms of these documents. A User who does not timely familiarize themselves with the terms of these documents assumes all risks associated with adverse consequences.
By clicking the active button "Sign In" in the Mobile Application, the User expresses unconditional acceptance of this Agreement and also gives consent for the automated and/or non-automated processing of their personal data by the Company and third parties listed in Appendix No. 1 to this Agreement under the conditions of the Privacy Policy.
3.4. After the User clicks the active "Sign In" button in the Mobile Application, a one-time Confirmation Code (password) is automatically generated and sent via SMS message to the mobile phone number specified by the User, or a call is received from which the last digits generate a one-time Confirmation Code (password). After entering the code into the Mobile Application, the User is given the opportunity to proceed with further Registration steps.
3.5. After entering the Confirmation Code into the Mobile Application, the User is prompted to verify the Telematics Equipment installed in the Transport Vehicle by entering the vehicle's identification number (VIN code).
As a result of checking the presence of Telematics Equipment in the Transport Vehicle, the User gains access to the Mobile Application. If there is no information about the installed Telematics Equipment or if it is not activated, the User is offered through the active window to continue the Registration process to gain access to the functionality and Services of the Mobile Application.
3.6. Subsequently, during Authorization in the Mobile Application, the Login used to access the User’s Personal Cabinet is the mobile phone number entered by the User during Registration. The Confirmation Code (one-time password) for logging into the Personal Cabinet is automatically generated by the Company's system and sent to the User via SMS message and/or as a call each time login is required.
3.7. By accepting the terms of this Agreement and performing the actions necessary for Registration, the User confirms that he/she:
Has knowledge of the Russian language sufficient to read and understand the meaning and significance of this Agreement;
Agrees to the storage, collection, clarification (updating, changing), deletion, processing (including automated processing), and use of data regarding the geographical location (geographical coordinaKAIYI CONNECT) of the User's Device (based on operator network data and GPS signals) and the place where the User performs operations for the purposes of informing the User about the location when using the Mobile Application, as well as additional services available to the User and dependent on their geographical location;
Agrees to receive any notifications, messages, information, and newsletters (including promotional content) in any format from the Company and Partners, provided that the content complies with the requirements of current Russian Federation legislation.
3.8. The User guarantees that the data provided during Registration in the Mobile Application is complete, valid, and accurate.
3.9. The Company reserves the right to request confirmation of the data provided during Registration and may ask the User to submit supporting documents. Failure to provide such documents, at the Company’s discretion, may be considered equivalent to providing false information and may lead to rejection of Registration, blocking of the User’s Account, or termination of this Agreement.
3.10. After the User compleKAIYI CONNECT all the above-mentioned Registration actions, the Company will conduct a verification within 24 hours (the Company may extend this period up to 14 days) of the User and the data they have provided. Based on the information submitted by the User and/or obtained by the Company from third parties, the Company will make a decision on whether the User can be registered. If the User provides false information during Registration, or if the Company has grounds to believe that the information provided is false, the Company may refuse to register the User at its sole discretion, without stating reasons.
3.11. The Company may inform the User of the decision made via the Mobile Application or through other means of communication, details of which were provided by the User during Registration. All calls to the Support Service after completion of Registration must be made from the mobile phone number specified during Registration.
3.12. After Authorization, the full Instruction for the Mobile Application (hereinafter referred to as the "Instruction") will be available in the Mobile Application in electronic form. The User is obliged to read this Instruction.
3.13. The User may change the mobile phone number initially provided during Registration by contacting the Support Service via email from the email address specified during Registration.
3.14. To deactivate their Account, the User must perform the corresponding actions in the Mobile Application according to the Instruction.
4. USER AUTHORIZATION
4.1. For the purpose of identifying the User upon entering the Mobile Application, User Authorization is performed.
4.2. User Authorization is carried out in the following order:
(i) When launching the Mobile Application on the Device, the User must enter their Login in a special input field;
(ii) The Company sends an SMS message with the Confirmation Code to the specified number, or the Confirmation Code is formed via a phone call from a number whose last digits generate a unique one-time password;
(iii) Upon receiving the Confirmation Code, the User enters it into the designated field, thereby confirming that the launch and use of the Mobile Application is being performed by the User whose Account is linked to the specified Login.
4.3. In the case of entering an incorrect combination of "Login + Confirmation Code", access to the Mobile Application will be denied. In the case of entering a correct combination of "Login + Confirmation Code", the User gains access to their Personal Cabinet and the functionality of the Mobile Application.
5. USER OBLIGATIONS AND RESPONSIBILITIES
5.1. The User undertakes to comply with the terms of this Agreement, current Russian Federation legislation, as well as the legal requirements of the Company and its Partners.
5.2. In the event of non-performance or improper performance of their obligations under this Agreement, the User shall be responsible in accordance with this Agreement and current Russian Federation legislation.
5.3. The User is responsible for all actions performed by them within the Mobile Application.
5.4. The User must independently monitor updaKAIYI CONNECT to the Mobile Application and promptly install the laKAIYI CONNECTt version on their Device.
5.5. The User must not allow any third party to use their Login and Confirmation Code. The Company is not liable for any potential damage, loss, or corruption of data that may result from the User's violation of this provision. The User must take appropriate measures to keep confidential the data used for Registration and Authorization in the Mobile Application and immediately notify the Company if such data has been accessed or used by third parties. The User bears all risks associated with adverse consequences due to failure to provide such notification.
5.6. In the event of a change in the mobile phone number or other data (such as passport details, driver’s license information, etc.) initially provided during Registration and further use of the Services in the Mobile Application, the User must inform the Company. The User assumes all risks related to adverse consequences arising from failure to do so.
5.7. The User must not use any technologies or perform any actions that could harm the Mobile Application, the interests of the Company, or its property.
5.8. If errors or malfunctions occur while using the Mobile Application, the User must report them to the Company's Support Service.
5.9. The User hereby agrees that the Mobile Application may access the Device’s camera to obtain and use photo images as part of the services provided through the Mobile Application, including creating and storing photos in the User's profile, as well as for other purposes necessary when using the Mobile Application, including receiving services via the Mobile Application.
Thus, during the use of the Mobile Application, the User, through the technical capabilities of the Mobile Application, provides and sends to the Company, its Partners, and/or third parties who have received the User’s consent for processing personal data:
Passport photographs (pages with the photo and registration details at the place of residence/stay);
Full photographs of the User's driver’s license (both sides);
Vehicle Registration Certificate (STS);
Vehicle Passport (PTS);
Personal photograph and others.
5.10. This Agreement does not grant the User any rights to the use of intellectual property rights, including trademarks and service marks of the Company, its Partners, and other third parties, except for the rights explicitly granted by this Agreement.
5.11. In the case of transfer/assignment of the Transport Vehicle to third parties, the User must deactivate their Account in the Mobile Application or submit a request to the Company for account deletion in accordance with the procedures outlined in this Agreement and the Instruction. The User is fully responsible for failing to perform and/or improperly performing these deactivation/deletion actions and for all resulting consequences, including claims and demands from third parties.
6. COMPANY WARRANTIES AND LIABILITY
6.1. In the event of non-performance or improper performance of its obligations under this Agreement, the Company is responsible in accordance with this Agreement and current Russian Federation legislation.
6.2. The Company is not liable for temporary unavailability of payment systems responsible for receiving and transferring payments from Users caused by reasons beyond the Company’s control or force majeure events.
6.3. The Company is not responsible for the use of the Mobile Application from the User's Device by third parties. Therefore, any actions taken from the User's Device are considered to be performed by the User themselves. If any person gains access to the Mobile Application using the User's Account and uses it on behalf of the User, the User must immediately notify the Company in writing (via email) or contact the Support Service. Otherwise, any actions performed using the Mobile Application on behalf of the User will be treated as having been carried out directly by the User.
6.4. Actions of any third parties, including Partners, as well as actions of payment systems and communication operators, are not considered to be actions of the Company, and the Company does not bear responsibility for them.
6.5. The Company is not liable for failure to perform or improper performance of its obligations if such failure is caused by force majeure circumstances, including but not limited to: actions and decisions of government 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 beyond the Company's control that may affect the performance of its obligations under this Agreement.
6.6. The Company is not liable for failure to perform or improper performance of its obligations if such failure is caused by the User’s actions or inaction outside the Company’s control, including as a result of incorrect actions or inaction by the User.
6.7. The Company is not liable for failure to perform or improper performance of its obligations if such failure is caused by the Partner’s actions or inaction outside the Company’s control, including as a result of incorrect actions or inaction by the Partner.
6.8. The Company does not control the content posted, transmitted, or used in the Mobile Application. The User is solely responsible for any content or information they post, transmit, and/or use in the Mobile Application or through it. In the event the Company receives complaints about violations of third-party rights or requests from authorized state agencies regarding breaches of Russian Federation legislation concerning the placement, use, or transmission of content or information by the User, or upon identifying relevant risks, the Company reserves the right to remove the corresponding content and/or information.
7. DURATION OF THE AGREEMENT. PROCEDURE FOR CHANGES AND TERMINATION
7.1. The User accepts this Agreement by performing the registration actions specified in paragraph 3.4 of this Agreement. The date on which the User performs these actions is considered the effective date of this Agreement.
7.2. The terms of this Agreement apply to all subsequent updaKAIYI CONNECT/new versions of the Mobile Application. By agreeing to install an update or a new version of the Mobile Application, the User accepts the terms of this Agreement for the relevant updaKAIYI CONNECT/new versions of the Mobile Application, unless such an update/installation is accompanied by another User and/or License Agreement.
7.3. The Company has the right at any time to unilaterally amend the terms of this Agreement. Notification of changes made to the Agreement's terms is placed in the new version of the Mobile Application and/or on the Internet site. These changes become effective and binding from the date of their publication by the Company in the Mobile Application and/or on the Internet site, unless otherwise stated in the respective publication. The User is obliged to independently monitor the Internet site and/or the Mobile Application for changes to the terms of this Agreement on a regular basis. The risk of non-compliance with this requirement lies entirely with the User.
7.4. The Company may unilaterally and out-of-court refuse to perform the Agreement and revoke the License from any User at any time. In this case, the Agreement is considered terminated at the moment the notification is sent to the User via the Mobile Application (push notification) or SMS message.
7.5. 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.
7.6. Any violation of the terms of this Agreement by the User leads to termination of the License. If the User uses the Mobile Application after the License has been terminated, they are responsible under Russian Federation legislation. In this case, the Agreement is considered terminated at the moment the notification is sent to the User via the Mobile Application (push notification) or SMS message.
7.7. 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 and remove it from the memory of all Devices.
8. USER ACCOUNT BLOCKING
8.1. The Company has the right to block the User’s Account (suspend access to the Mobile Application) in the following circumstances:
In the event of the User violating the terms of this Agreement;
In the absence of payment for the Subscription to the Mobile Application;
In cases where there are suspicions of the User acting dishonestly (including, but not limited to, when the User provides false information, when payments cannot be processed, etc.);
In cases where the User attempts to mislead the Company and/or Partners, provide false data, or distort facts;
In cases where the User refuses to comply with the requirements of the Company as stipulated or implied by this Agreement, including through inaction;
In cases where the User no longer meets (has ceased to meet) the requirements set by the Company for Users;
In cases where the Company has grounds for unilateral termination of this Agreement according to the agreement between the Parties and current Russian Federation legislation;
In other cases where the User’s violations, in the Company’s opinion, prevent further use of the Mobile Application by the User;
In the case of the User's inactivity under the Account for 6 (six) months.
8.2. Blocking of the User’s Account means restricting the functionality of the Mobile Application available to the User under their Account.
8.3. Unblocking of the User’s Account may occur due to the expiration of a certain period of time, the User fulfilling their obligations, eliminating the circumstances that led to the blocking, or meeting other requirements imposed by the Company.
8.4. The User agrees that account blocking does not constitute grounds for the User to make any claims or demands.
9. PERSONAL DATA
9.1
The User's acceptance of the terms of this Agreement, including those related to the processing of Personal Data, constituKAIYI CONNECT a free and conscious expression of their consent to the conditions of processing of Personal Data.
9.2
Processing of the User’s Personal Data is carried out by the Company and third parties engaged by it, based on this Agreement, unless otherwise stipulated in the Agreement itself or required by Russian Federation legislation.
9.3
For the purposes of this Agreement, "processing of Personal Data" means any action (operation) or set of actions (operations) performed by the Company and/or third parties engaged by it, using automated tools or without them, with regard to personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, changing), extraction, use, transfer (provision, access, cross-border transfer), blocking, deletion, destruction of personal data.
9.4
The Company and third parties involved, including those acting on behalf of the Company, process Personal Data in strict accordance with the principles and rules established by the Federal Law of the Russian Federation dated July 27, 2006 No. 152-FZ "On Personal Data", including ensuring confidentiality and the security of Personal Data during its processing.
9.5
The Company and third parties acting on its behalf are obligated to follow these rules and provide the following guarantees regarding the processing of Personal Data:
Ensure that the processing of Personal Data complies with all applicable requirements of Russian Federation legislation on the protection of Personal Data, including the principles, requirements, and obligations of the data operator as defined by law;
If the Company must disclose or otherwise transfer the User’s Personal Data to third parties, including government bodies, for the purpose of fulfilling its obligations to the User, such actions will be conducted in compliance with Russian Federation legislation;
Be responsible for the protection, security, and confidentiality of Personal Data during its processing in accordance with Russian Federation legislation.
9.6
The list of Personal Data processed by the Company for the purposes outlined in paragraph 9.7 of this Agreement is defined and limited by this Agreement and includes the following information:
Information about the name;
Contact details;
Information about the contact/trusted person;
Information about the transport vehicle;
Information about independent contractor agreements (GIPH);
Authentication/identification data;
Expression of intent information;
Data provided through internet analytics services;
Identity documents.
9.7
The Company, Partners, and/or third parties engaged by the Company, including those acting on its behalf, process the User’s Personal Data for the following purposes:
Entering into this Agreement with the User and further performing obligations;
Formation and maintenance of databases containing the User’s Personal Data;
Compliance with mandatory requirements of Russian Federation legislation and the performance of other functions, authorities, and duties imposed on the Company by Russian Federation legislation and internal regulatory acts;
Providing access to the functionality of the Mobile Application and technical support in its use, monitoring and controlling its usage, and ensuring information protection;
Communication and/or receipt/provision of information necessary for the execution of this Agreement, including receiving and processing user inquiries and requests, and monitoring the quality of information interaction;
Providing the User, including via information newsletters, with information necessary for fulfilling the terms of this Agreement and for the proper functioning of the Mobile Application;
Analytics of the User’s actions within the Mobile Application (including determining the user's location) and the application’s functionality, as well as registration within the Mobile Application;
Receiving (recording) and storing the User’s Personal Data and its carriers in accordance with Russian Federation legislation and the Company’s internal regulations.
9.8
In order to fulfill this Agreement, the Company has the right to perform the following actions with the User’s Personal Data:
Process Personal Data using automated tools, including in information and telecommunication networks, or without using such tools, depending on the purpose of the processing;
Entrust the processing of Personal Data to third parties listed in Appendix No. 1 to this Agreement, in the scope and for the purposes specified in paragraphs 9.6 and 9.7 of this Agreement;
Transfer (provide, grant access, cross-border transfer) the User’s Personal Data to third parties providing services and/or performing works for the purpose of fulfilling this Agreement:
Affiliated entities belonging to the group of LLC "Tri Tochki";
Other third parties who may be disclosed the Personal Data for the provision and/or performance of technical and organizational services, including under the terms of a mandate for processing Personal Data.
9.9
Third parties processing Personal Data on behalf of the Company have the right to perform the following operations with Personal Data using automated tools or without them:
Collection, recording, systematization, accumulation, storage, clarification (updating, modifying), extraction, use, transfer (provision, access, cross-border transfer), blocking, deletion, and partial or full destruction of Personal Data.
9.10
If the User provides their Consent as outlined in paragraph 3.3 of this Agreement, then the processing of their Personal Data will be carried out under the conditions stipulated in that Consent.
9.11
The User has the right to revoke their Consent at any time for the processing of Personal Data for the purpose of receiving information about the Company’s and Partners’ products/services, including advertising-related information, by sending a corresponding notification to the Company at the email address: support@KAIYI CONNECT.store .
9.12
Upon receipt of the User’s notification revoking their Consent, the Company is obliged to cease processing the Personal Data and ensure that the party acting on its behalf also stops processing. The Company must destroy the Personal Data or arrange for its destruction (if the processing is carried out by another party acting on behalf of the Company) within no more than 90 (ninety) days from the date of the revocation.
9.13
Processing of Personal Data shall continue for the duration of this Agreement. After the termination or cancellation of the Agreement, the Company may continue processing Personal Data for the periods established by Russian Federation legislation, but not longer than 3 (three) years after the termination/cancellation of this Agreement.
9.14
All User Personal Data will be stored in accordance with the conditions of current Russian Federation legislation.
10. EXCLUSIVE AND COPYRIGHT RIGHTS
10.1
All items available in the Mobile Application, including design elements, text, graphical images, illustrations, videos, computer programs, databases, inventions, music, sounds, trademarks, service marks, and other objects (hereinafter referred to as the "Content of the Mobile Application"), as well as any content placed in sections of the Mobile Application, are protected by exclusive rights and represent the results of intellectual activity. These include both registered and unregistered works.
10.2
Exclusive rights for content placed by the Company and/or Partners, as well as other intellectual property created and published in the Mobile Application, belong to their respective rights holders and are protected under current Russian Federation legislation.
10.3
Users may use elements of the Service Content and any other content for personal, non-commercial purposes, provided that all copyright protection marks, neighboring rights, trademarks, and other authorship notifications are preserved; the name (or pseudonym) of the author/holder must remain unchanged; and the relevant object must be used without modification.
10.4
The ability to upload/add reviews in the Services of the Mobile Application is available only to Users who have completed Registration, and only regarding services they have paid for. When uploading or adding any reviews via the Mobile Application, the User is responsible for ensuring that the content complies with the requirements of current Russian Federation legislation, including liability to third parties in cases where the review content violaKAIYI CONNECT the rights or legitimate interests of third parties, including the personal non-property rights of authors and other intellectual property rights of third parties, or infringes on their intangible benefits. While using the Mobile Application, the User is not allowed to post illegal, harmful, defamatory, or content that violaKAIYI CONNECT intellectual property or copyright rights.
10.5
The User acknowledges and agrees that the Company does not verify reviews uploaded by the User through the Mobile Application. The User understands and agrees that he/she must independently assess all risks associated with posting reviews in the Mobile Application.
11. DISPUTE RESOLUTION AND JURISDICTION
11.1
All dispuKAIYI CONNECT and disagreements arising from this Agreement are resolved through negotiations in accordance with the mandatory claim procedure.
11.2
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 the procedures established by current Russian Federation legislation at the location of the Company. The language of judicial proceedings is Russian.
11.3
For any issues related to the use of the Mobile Application and any claims, the User may contact the Company's Support Service. When submitting a claim to the Company, the User must provide documents confirming the validity of the claim and also indicate the data provided during Registration.
12. OTHER TERMS
12.1
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 Devices.
12.2
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.
12.3
The deletion of a User’s Account in the Mobile Application is possible within 30 (thirty) calendar days after the Company receives the User's written request for such deletion. Requests for Account deletion must be sent by the User to the Company via postal mail to the address specified in this Agreement. The Company does not reimburse costs incurred in connection with sending requests to the Company.
13. COMPANY DETAILS
LLC "Tri Tochki"
Address: 117186, Moscow, Nagornaya St., bldg. 3A, floor 5, room I, office 40
OGRN: 1147746433405, INN: 7729770064, KPP: 772701001
Support Service: support@KAIYI CONNECT.store
Contact Email: clients@KAIYI CONNECT.store
General Director of LLC "Tri Tochki": _____________________________ Anton L. Zhukov