QForm License Agreement

 

This document is a public offer to conclude a license agreement (hereinafter referred to as the Agreement) between the Limited Liability Company "Kuform", INN 5609196302, OGRN 1215600001594, address: 460044, Russian Federation, Orenburg, st. Berezka, 2/5, room. 18, represented by director Alexander Olegovich Zuev, acting on the basis of the Charter (hereinafter referred to as the Copyright Holder), and the person who accepted this Agreement (hereinafter referred to as the Licensee).

 

This Agreement governs the provision to the Licensee of the right to use the QForm computer program, including its modules, interfaces, updates, additional functions and other software components provided by the Copyright Holder within the framework of the selected Tariff, License, additional package or Order.

 

Unconditional acceptance of the terms of this Agreement and the moment of its conclusion is the completion by the Licensee of any of the following actions, whichever occurs first:

 

  1. registration on the Site and start using the QForm Platform;
  2. payment of the License, Tariff, invoice, invoice offer or other payment document of the Copyright Holder;
  3. acceptance of the Order, if the corresponding transaction is executed through the Order;
  4. performing other actions directly designated by the Copyright Holder in the Platform interface as acceptance of this Agreement.

 

1. Terms and definitions

 

The parties have determined that the terms used in this Agreement have the following meanings:

 

1.1. Website is an Internet resource located athttps://ru.qform.io/, owned and administered by the Copyright Holder.

 

1.2. QForm Platform, Platform or Software is a computer program included in the unified register of Russian programs for electronic computers and databases, entry No. 2022661255, as well as other software components, modules, databases, interfaces, software solutions and services under the general designation QForm, the exclusive right to which belongs to the Copyright Holder.

 

1.3. Personal account - section of the Platform, available athttps://app.qform.io/or to another address specified by the Copyright Holder, after registration and authorization of the user, through which registration, payment, renewal, management of Licenses, settings, documents and other parameters for using the Platform are carried out.

 

1.4. Space is an accounting entity within the QForm Platform, within which forms are created, content is published, access rights, integrations, data collection and storage, as well as other parameters for using the Platform are configured.

 

1.5. Form is an object created in the QForm Platform and intended for collecting data, feedback, applications, surveys, quizzes, orders or other information.

 

1.6. Respondent is a person who interacts with the Form, video content, or other Platform interface or transmits data using the QForm Platform.

 

1.7. Response – one completed or recorded by the system completion of the Form by the Respondent.

 

1.8. Accountable response - A response that counts towards the limit of the corresponding Tariff, License or additional package according to the accounting rules specified on the Site, in the Platform interface or in the Order.

 

1.9. Tariff - a set of commercial and functional conditions for providing access to the QForm Platform, including validity period, cost, limits, set of functions, restrictions and other parameters of use.

 

1.10. Standard Tariff - a Tariff pre-established by the Copyright Holder and available for purchase in the Personal Account and/or on the Site without individual agreement of conditions. The composition of functions, limits, validity period, cost, restrictions and other parameters of the Standard tariff are determined by the description of such tariff in the Personal Account, on the Site or in other applicable documents of the Copyright Holder.

 

1.11. Individual tariff or Individual license - Tariff or License, the terms of which are agreed upon by the Parties individually and are recorded in the Order. The list of functions, limits, validity period of the corresponding License, cost, restrictions and other parameters of the Individual tariff or Individual license are determined by the Order.

 

1.12. Free functionality is a limited amount of functionality of the Platform, provided without charging a license fee in accordance with the terms of this Agreement, tariffs on the Site and interface restrictions of the Platform.

 

1.13. Paid tariff - A tariff that provides for the payment of a license fee for using the QForm Platform for a certain period or during the validity period of the corresponding License.

 

1.14. License - a simple (non-exclusive), non-transferable license to use the QForm Platform to the extent, for the period and on the conditions determined by this Agreement, the Standard Rate, billing parameters and, if any, the Order. For the purposes of billing and internal accounting of the Copyright Holder, the License also means an accounting entity within which the access period, Tariff, limits, functionality, Payer, License Administrator and other parameters of use are recorded.

 

1.15. Regular License - A License that is not a Multi-License is tied to one specific Space and is provided to the user in connection with the corresponding Space according to the rules of the Platform interface and the selected Tariff.

 

1.16. Multi-license - a License that may not be initially tied to a specific Space and within which the License Administrator has the right to assign one or more Spaces to use the corresponding functionality within the limits provided for in the Tariff, the Platform interface or the Order.

 

1.17. License Administrator is a Platform user who has been issued the corresponding License or Multi-License and who has the right to manage its assignment, connection of Spaces, distribution of limits and other settings within the limits of the granted authority. For a Multi-License, the License Administrator can be identified by email, phone, User ID or other identifier until he is registered in the Platform.

 

1.18. Payer - the person indicated in the billing, invoice, offer invoice, Order, Personal Account or other document of the Copyright Holder as the person paying for the corresponding License, package or other QForm product.

 

1.19. Integrations are the functionality of data exchange between the QForm Platform and third-party services, including APIs, webhooks, CRM, instant messengers, email services, advertising accounts, analytical systems and other external systems.

 

1.20. Storage License - a separate License or a separate limit package that increases the available storage capacity for attachments in the QForm Platform.

 

1.21. Video license is a separate License or a separate Tariff item that regulates the use of the video functionality of the QForm Platform, including limits on views, active videos and other parameters of the video module.

 

1.22. An add-on package is a stand-alone paid package that expands the limits or functionality of the QForm Platform, including, but not limited to, additional Answer packages, storage packages and other extensions.

 

1.23. Заказ — отдельный документ к настоящему Договору, оформленный под номером №___, в котором Стороны фиксируют коммерческие и/или функциональные условия использования Платформы QForm по одной или нескольким позициям, включая параметры отдельных Лицензий, Мультилицензий, Видео-лицензий, Лицензий на хранилище, Дополнительных пакетов, срок действия соответствующих Лицензий, лимиты, состав функций, порядок оплаты и специальные условия. The order can be used both for individual conditions and for issuing standard Tariffs in a contractual form.

 

1.24. Software update - improvements developed by the Copyright Holder to the current version of the QForm Platform, aimed at maintaining operability, eliminating errors, modernizing and developing the functionality of the Platform.

 

1.25. Additional software - additional software components, software solutions or independent modules provided by the Copyright Holder and expanding the functionality of the QForm Platform; such software can be used both together with the main Platform and separately, if this is expressly provided by the Copyright Holder.

 

1.26. Accounting period - a period of time equal to one calendar month, used as the basic unit of accounting for limits, billing, legal and reporting documents, unless a different procedure is expressly established for the relevant Tariff, License or package.

 

1.27. Territory - the territory of the Russian Federation.

 

2. Subject of the Agreement

 

2.1. The Copyright Holder grants the Licensee, under the terms of a simple (non-exclusive) license, the right to use the QForm Platform to the extent, manner and under the conditions provided for in this Agreement, the selected Tariff, the parameters of the relevant License and, if available, the Order.

 

2.2. The right to use is granted to the Licensee without transfer of exclusive rights to the Software and without the right to issue sublicenses to third parties, unless otherwise expressly agreed by the Parties in writing.

 

2.3. The right to use the QForm Platform is granted for use in the Territory.

 

2.4. The QForm platform is provided in a cloud format through the Website, Personal Account and other interfaces of the Copyright Holder. If the Copyright Holder provides separate modules, widgets, embed codes, APIs or other integration tools, the right to use them is also governed by this Agreement, the Tariff and, if any, the Order.

 

2.5. Methods of using the Platform include accessing the Platform through the Personal Account and interfaces of the Copyright Holder, creating and customizing forms, videos, Spaces and other objects, publishing and embedding such objects, receiving and processing responses, using available Integrations, APIs, webhooks, exports, attachment storage and other functions of the Platform within the limits of the relevant Tariff, License and Order.

 

2.6. The scope of rights granted, available functionality and applicable limits are determined:

 

  1. this Agreement;
  2. description of the Standard tariff on the Site or in the Platform interface, if the Standard tariff is used;
  3. parameters of the corresponding License in billing and Personal Account;
  4. By order, if an Individual Tariff, Individual License or contractual registration of standard Tariffs are used.

 

2.7. If the Order specifies an item for the Standard Tariff, restrictions, limits, the validity period of the corresponding License, the scope of functionality and other parameters provided for such Standard Tariff in the Personal Account, on the Website or in other applicable documents of the Copyright Holder are applied, unless the Order expressly provides otherwise.

 

2.8. If the Order specifies an item for an Individual Tariff or an Individual License, restrictions, limits, the validity period of the corresponding License, the composition of the functionality and other characteristics of such an item are determined by the Order. Individual conditions apply only to the extent that they are expressly stated in the Order.

 

2.9. If the terms of the Order differ from the standard tariffs on the Site, the parameters of the standard License in the Platform or certain provisions of this Agreement, the terms of the Order in terms of such differences apply.

 

2.10. The parties expressly agree that under this Agreement the Licensee pays for the right to use the relevant License during the agreed term of its validity, and not for the actual intensity, volume or duration of use of the QForm Platform.

 

2.11. Failure to use the License, use of the License in an incomplete manner, failure to use certain functions, limits, modules, or early loss of interest in using the Platform does not in itself constitute grounds for recalculating the license fee, returning funds or shortening the validity period of the License, unless otherwise expressly provided by law, the Order or a written agreement of the Parties.

 

2.12. Licenses with different validity periods are separate products. Purchasing a License for 12 months means granting the right to use for the entire relevant period and is not subject to recalculation in proportion to actual use, unless otherwise expressly agreed by the Copyright Holder.

 

3. Procedure for concluding an Agreement and providing access

 

3.1. To use the Free functionality, the Agreement is considered concluded from the moment the user registers on the Site and begins using the QForm Platform.

 

3.2. To use the Paid Tariff, the Agreement is considered concluded from the moment the user registers on the Site and pays for the corresponding License or other acceptance expressly provided for by the Platform interface, acquiring, account, offer invoice or other document of the Copyright Holder.

 

3.3. To use individual conditions, corporate positions, non-standard limits, special licensing models, or for the negotiated execution of standard Tariffs, the Agreement is applied in conjunction with the corresponding Order. The Order is considered agreed upon from the moment it is signed by the Parties, accepted via EDI, payment of the invoice, if such form of acceptance is specified in the Order, or another appropriate method of approval expressly specified in the Order itself.

 

3.4. A license, including a Multi-License, can be issued by indicating the email, phone, User ID or other user identifier or the future License Administrator in the billing, Order, invoice offer or other document of the Copyright Holder. The Licensee and the Payer are responsible for the correctness of the specified identifiers. If a user with the specified identifier is already registered in the Platform or subsequently registers and logs into the Personal Account, activation or display of the corresponding License, Multi-License, package or other item in his Personal Account is considered to be proper provision of access to such item.

 

3.5. The obligations of the Copyright Holder to grant the right to use the QForm Platform are considered fulfilled from the moment of actual provision of access to the relevant License, module, package or other functionality provided for in the Tariff or Order.

 

3.6. Failure by the Licensee to sign the UPD or other closing documents, as well as the failure of the Licensee to receive invoices or other tax documents does not in itself mean that the right to use the QForm Platform has not been granted, and does not change the moment of granting access if the corresponding License, package or other item has been provided, activated, displayed in the Personal Account or otherwise became available to the Licensee or License Administrator.

 

4. Tariffs, licenses and functionality

 

4.1. For QForm tariffs for Forms, the main criterion for the difference between the Tariffs is the number of Accountable responses available to the Licensee in the corresponding Accounting Period or other tariff period.

 

4.2. For Video licenses, the main parameters for the difference in Tariffs may be the limit of views, the number of active videos and other parameters directly indicated on the Site, in the Platform interface or in the Order.

 

4.3. Additionally, Tariffs, Licenses and packages may vary in the following parameters:

 

  1. the number of Spaces that may be assigned under the License;
  2. the composition of available functions;
  3. the presence or absence of Integrations;
  4. volume of attachment storage;
  5. the presence of individual modules and extensions;
  6. level of support and support;
  7. the existence of a legal regime and functionality related to the processing of personal data;
  8. other restrictions directly specified on the Site, in the Platform interface, in the License parameters or in the Order.

 

4.4. Free functionality is provided to a limited extent.

 

4.5. As part of the Free functionality for Forms, Integrations and notifications are not provided, unless the Copyright Holder expressly states otherwise on the Site or in the Platform interface.

 

4.6. The exact composition of standard Tariffs, standard Regular licenses, standard Multilicenses and Additional packages is determined by the tariffs on the Site and in the Platform interface on the date of registration or renewal of the corresponding position, unless otherwise stated in the Order.

 

4.7. The Copyright Holder has the right to provide standard Regular Licenses, standard Multi-Licenses, Video Licenses, Storage Licenses and Additional Packages, both separately and in aggregate, if this is provided for in the Tariff, the Platform interface or the Order.

 

4.8. The Copyright Holder has the right to change the composition of the Free functionality, standard Tariffs, limits and other parameters by publishing on the Site, in the Platform interface or in a new version of this Agreement. Such changes shall apply for the future in the manner provided for in this Agreement.

 

5. Licensing models

 

5.1. A regular license is tied to one specific Space and arises for the user based on the corresponding Space and the Tariff selected for it according to the rules of the Platform interface.

 

5.2. A regular license can be paid for using methods available for the corresponding Tariff and sales channel, including Internet acquiring, payment by bank account and other methods provided by the Copyright Holder.

 

5.3. A Standard Multi-License may be provided as a standard product of the Copyright Holder, including for legal entities, if this is expressly provided for in the Tariff, the Platform interface or the billing model of the Copyright Holder.

 

5.4. A multi-license may not be initially associated with a specific Space. The license administrator has the right to independently designate the Spaces that are granted access under such Multi-License, as well as disable or replace such Spaces within the limits provided for in the relevant License, the Platform interface and, if any, the Order.

 

5.5. If the Tariff or Order includes a limit on the number of Spaces, such limit means the maximum number of Spaces that can be simultaneously serviced by the corresponding License or Multi-License.

 

5.6. If the Tariff, Storage License, Additional Package or Order provides for a limit on the storage volume of attachments, the License Administrator has the right to distribute the corresponding volume among the assigned Spaces within the limits of the available limit and the rules of the Platform in those licensing models where such distribution is supported.

 

5.7. If the Tariff, a separate module or an Order provides for other distributed limits, including limits on Replies, video views, active objects, users or functions, such limits are applied at the level of the relevant License and are used in the manner prescribed by the Platform interface, Tariff or Order.

 

5.8. The mere assignment or replacement of Space within a Multi-License does not mean the conclusion of a new contract and does not change the term, cost or other commercial terms of the corresponding License, unless otherwise expressly provided for in the Tariff, the Platform interface or the Order.

 

6. Software updates and functionality changes

 

6.1. The Copyright Holder has the right to periodically release Software Updates, the installation and application of which will eliminate identified errors, expand the functionality of the Platform, improve security and maintain the functionality of the service.

 

6.2. Software updates related to the standard model of use of the QForm Platform are provided to the Licensee during the validity period of the relevant License, unless otherwise expressly provided for in the Tariff, the description of specific Additional Software or the Order.

 

6.3. The right to use the QForm Platform under this Agreement also applies to Software Updates, unless the Copyright Holder has designated the corresponding Update as an independent paid product, a separate module or a separate Tariff item.

 

6.4. The Copyright Holder has the right to change the interface, architecture, internal organization, composition of functions and methods of technical implementation of the QForm Platform, if such changes do not lead to the deprivation of the Licensee of the already paid volume of rights of use within the validity period of the relevant License, except for cases expressly provided for in this Agreement, the Tariff or the Order.

 

6.5. The Copyright Holder does not guarantee compliance of the QForm Platform with the subjective expectations of the Licensee or third parties, unless otherwise expressly established by the Order.

 

7. License fee, payment and renewal

 

7.1. The amount of the license fee is determined:

 

  1. standard Tariff on the Site or in the Platform interface;
  2. parameters of the corresponding License in billing;
  3. issued invoice or invoice-offer;
  4. An order, if it is concluded between the Parties.

 

7.2. Unless otherwise specified in the Order, the license fee is paid in advance for the corresponding period of validity of the License, Tariff, package or other item.

 

7.3. Unless otherwise provided by the Order, payment may be made by both the Licensee himself and the Payer indicated in the billing, invoice, Personal Account or other document of the Copyright Holder. Such payment is considered proper fulfillment of the monetary obligation to the Copyright Holder. The payment itself made by the Payer for the Licensee does not entail the transfer of rights under the License, Tariff, package, Order or this Agreement to the Payer, unless otherwise expressly agreed by the Parties in writing.

 

7.4. To correctly record the payment, the Licensee and (or) the Payer undertake to indicate in the payment documents the details identifying the payment, including the account number, invoice-offer, agreement, Order or other details specified by the Copyright Holder. In the absence or incorrect indication of such details, the Copyright Holder has the right to consider the payment obligation to be fulfilled improperly until the payment is identified.

 

7.4.1. Unless otherwise specified by the Copyright Holder, the purpose of the payment must indicate that the payment is made for the provision of a simple (non-exclusive) license for the QForm computer program, an entry in the unified register of Russian programs for electronic computers and databases No. 2022661255, according to the corresponding invoice, invoice-offer, Agreement or Order.

 

7.5. Late payment gives the Copyright Holder the right to limit or suspend access to the corresponding paid functionality until payment is received.

 

7.6. Extension of access is carried out:

 

  1. on the terms of the standard Tariff in force on the date of renewal;
  2. or on the terms of the Order, if the Order provides for an extension on special terms.

 

7.7. Unless otherwise provided in the Order, changes in the cost of standard Tariffs apply to the next renewal period and do not apply to the period already paid.

 

7.8. Unless otherwise provided by law or written agreement of the Parties, the paid license fee for the already granted right to use the QForm Platform is non-refundable.

 

8. Personal data

 

8.1. The basic model for processing personal data when using the QForm Platform is determined by this Agreement. If for the relevant License, Tariff, package or Order item the Parties have agreed on special conditions for the processing of personal data, the terms of the Order apply. The order for the processing of personal data applies only if it is issued between the Parties and only within the scope provided for by it. The Privacy Policy of the Copyright Holder applies to the processing of personal data carried out by the Copyright Holder for its own purposes. The Platform interface settings and texts placed by the Licensee in forms and scripts are taken into account as a description of the method of using the Platform chosen by the Licensee, but do not in themselves change the distribution of the roles of the Parties in the processing of personal data, unless otherwise expressly provided for in this Agreement, the Order or a separate written agreement of the Parties.

 

8.2. In cases where the relevant Tariff, functionality of the Platform, Form settings, interface or use case suggest that the Licensee collects personal data of Respondents in its own interests and for its own purposes, the Licensee independently acts as an operator of personal data of such Respondents and independently bears the responsibilities of a personal data operator in accordance with the legislation of the Russian Federation.

 

8.3. In the scenario specified in clause 8.2 of this Agreement, the Licensee is obliged to:

 

  1. independently determine the purposes, composition, categories and terms of processing of personal data;
  2. ensure that there are adequate legal grounds for processing personal data, including obtaining the necessary consents and notifications;
  3. use the QForm Platform only for legitimate processing purposes;
  4. send to the Copyright Holder a signed Order for the processing of personal data according to the Copyright Holder’s sample via e-mail or EDI, if the use of the corresponding functionality involves the processing of personal data by the Copyright Holder on behalf of the Licensee.

 

8.4. The Copyright Holder has the right to limit or not provide functionality related to the processing of personal data of Respondents until the Licensee receives a duly executed Instruction for the processing of personal data in cases where such an Instruction is required for the corresponding model of use.

 

8.5. If this Agreement, the Order or a separate written agreement of the Parties directly provides for a different model for processing personal data, the Copyright Holder has the right to act as an independent operator of personal data or another participant in the processing of personal data to the extent and for the purposes that are expressly provided for in the relevant document. Mandatory system texts and Platform interface settings may be used to reflect such a consistent model, but do not in themselves change the distribution of the roles of the Parties.

 

8.6. In the standard model of using the QForm Platform, the Copyright Holder ensures the processing of personal data of citizens of the Russian Federation using databases located on the territory of the Russian Federation.

 

8.7. In the standard model of using the QForm Platform, the Copyright Holder does not carry out cross-border transfer of personal data.

 

8.8. The Licensee is independently responsible for the legality of the transfer of personal data and other information protected by law to external systems, third parties or outside the infrastructure of the Copyright Holder, if such transfer is initiated by actions, settings, requests, commands or other actions of the Licensee, including when using integrations, APIs, webhooks, exports, downloads, as well as functions available in the Platform that involve access to external services, AI models, generative tools or other third-party technologies. The entry by the Licensee of personal data or other information protected by law into input fields, requests, prompts, commands or other elements of the Platform interface associated with such functions is considered a transfer carried out at the initiative and at the risk of the Licensee. It is the Licensee's responsibility to ensure the legality of such transfer, including compliance with localization, cross-border transfer, due process, consent and notification requirements, even if the transfer in question is technically carried out using the functionality of the Platform.

 

8.9. The Copyright Holder has the right to involve third parties for the execution of this Agreement, including hosting providers, data centers, telecom operators and other contractors, subject to compliance with the requirements of the legislation of the Russian Federation on personal data and without cross-border transfer of personal data in the standard model of using the Platform.

 

9. Rights and obligations of the Parties

 

9.1. The licensee is obliged:

 

  1. use the QForm Platform only within the limits of the provided License, Tariff, Additional Package and Order;
  2. not use the Platform in ways not provided by the Copyright Holder;
  3. pay the license fee promptly and in full;
  4. ensure the accuracy of the information provided during registration, payment and execution of documents;
  5. ensure the safety of access data to the Personal Account and prevent unauthorized use of the account by third parties;
  6. independently ensure the legality of content, forms, texts, collected data, connected Integrations and scenarios for using the Platform;
  7. not use the Platform for illegal purposes, including violations of laws on personal data, advertising, intellectual property and information protection;
  8. ensure correct indication of payment details in payment documents;
  9. not transfer to third parties the right to use the QForm Platform, unless otherwise expressly agreed with the Copyright Holder.
  10. not hide, delete, change or circumvent the designations, signatures, links, branding elements, indications on QForm and other mandatory interface elements placed by the Copyright Holder in Forms, widgets, pages, embedded blocks and other elements of the Platform, unless the right to remove or change them is expressly provided for in the relevant Tariff, License, Additional Package or Order.
  11. independently ensure the legality of the transfer of personal data and other legally protected information to external systems, third parties or outside the infrastructure of the Copyright Holder, including cases of using integrations, APIs, webhooks, exports, downloads and functions available on the Platform that involve access to external services, AI models, generative tools or other third-party technologies.

 

9.2. The licensee has the right:

 

  1. use the QForm Platform within the limits of the provided License and functionality;
  2. connect available functions, Tariffs and packages in the manner provided by the Platform interface or the Order;
  3. gain access to documents issued by the Copyright Holder through the Personal Account, e-mail, EDI or other agreed channels.

 

9.3. The copyright holder is obliged:

 

  1. grant the Licensee the right to use the QForm Platform to the extent and under the conditions provided for in this Agreement, the Tariff and, if available, the Order;
  2. maintain the basic performance of the Platform, except in cases of force majeure, communication failures, actions of third parties, maintenance and other circumstances beyond the reasonable control of the Copyright Holder;
  3. post the current version of this Agreement on the Site or provide it to the Licensee in any other accessible way;
  4. provide the Licensee with documents and notifications in the ways provided for in this Agreement.

 

9.4. The copyright holder has the right:

 

  1. update the QForm Platform and change its technical implementation;
  2. introduce new Tariffs, functions, modules, Licenses and Additional packages;
  3. enter into agreements with third parties in order to maintain the functioning of the QForm Platform, remaining responsible to the Licensee within the limits of this Agreement;
  4. restrict or suspend access to the QForm Platform in cases provided for in this Agreement;
  5. request from the Licensee information and documents necessary for the execution of the Agreement, identification of payments and compliance with legal requirements.

 

10. Liability and limitation of liability

 

10.1. The Copyright Holder does not guarantee that the QForm Platform fully complies with the subjective expectations of the Licensee or third parties.

 

10.2. The QForm Platform is provided as is to the extent permitted by the legislation of the Russian Federation and the terms of this Agreement.

 

10.3. The copyright holder is not responsible for:

 

  1. for the impossibility of using the QForm Platform for reasons depending on the Licensee, communication providers, external services, Integrations, the Licensee’s equipment or third parties;
  2. for the actions of users, Respondents, external systems and Integrations not controlled by the Copyright Holder;
  3. for the consequences of the Licensee’s choice of the Tariff, usage scenario, configuration of Forms, Integrations and external settings;
  4. for losses arising from incomplete use of the License, changes in the Licensee’s plans or erroneous choice of product;
  5. for illegal data transfer initiated by actions, settings, requests, commands or other actions of the Licensee when using external systems, integrations, APIs, webhooks, exports, downloads, AI models or other third-party technologies.

 

10.4. The Licensee is responsible for the safety of the login, password, email address and other means of access to the Personal Account, as well as for all actions performed after authorization under the Licensee’s account, unless the Licensee has proven otherwise.

 

10.5. To the extent permitted by law, the Copyright Holder is not responsible for the Licensee’s lost profits.

 

10.6. If the Licensee violates the requirements of the law, the rights of third parties, the rules for processing personal data, the rules for using Integrations or the provisions of this Agreement, the Licensee is obliged to compensate the Copyright Holder for documented losses caused by such violation.

 

10.7. The parties are released from liability for failure to fulfill or improper fulfillment of obligations under this Agreement due to force majeure circumstances, including fire, flood, earthquake, other natural disasters, military actions, civil unrest, acts of government authorities and other emergency and unavoidable circumstances.

 

11. Suspension and termination of access

 

11.1. The copyright holder has the right to suspend access to paid functionality if payment is overdue.

 

11.2. The Copyright Holder has the right to limit or terminate access to the QForm Platform in the event of:

 

  1. violation by the Licensee of the terms of this Agreement;
  2. using the QForm Platform for illegal purposes;
  3. violation of the requirements of the legislation on personal data;
  4. threats to the information security of the Platform;
  5. abuse of functionality, bypassing limits or technical restrictions;
  6. lack of necessary documents on personal data in cases where they are required for the relevant use case;
  7. hiding, removing, modifying or circumventing required designations, links, QForm signatures, branding elements or other interface elements, if the applicable Tariff, License, Additional Package or Order does not provide the Licensee with such a right.

 

11.3. If the violation can be eliminated, the Copyright Holder has the right to provide the Licensee with a period to eliminate it. In this case, access may be suspended or limited until the violation is eliminated and its elimination is confirmed to the Copyright Holder.

 

11.4. Suspension or termination of a specific License, Multi-License, Video License or Additional Package does not mean the automatic termination of all other agreements of the Parties, unless otherwise follows from the nature of the violation, the parameters of the relevant position or the Order.

 

12. Duration of the Agreement

 

12.1. This Agreement comes into force from the moment of its acceptance by the Licensee and is valid for 11 (eleven) months, unless previously terminated in the manner provided for in this Agreement.

 

12.2. If before the expiration of this Agreement neither Party declares its termination, the Agreement is automatically extended for each subsequent period of 11 (eleven) months. Continued use of the Site, Personal Account, Platform, Free Functionality or the current License after the expiration of the next term of the Agreement is considered confirmation of the Licensee’s consent to extend the Agreement for a new term.

 

12.3. The validity period of this Agreement does not change the validity period of specific Licenses, Multi-Licenses, Additional Packages and other items. The term of the right to use for each such item is determined by the relevant Tariff, billing parameters, invoice offer, Order or other document of the Copyright Holder.

 

12.4. If the corresponding position is subject to renewal, its renewal is carried out in the manner prescribed by this Agreement, the Platform interface, account, offer invoice or Order.

 

13. Intellectual Property and Confidentiality

 

13.1. Exclusive rights to the QForm Platform, Website, structure, design, interfaces, operating algorithms, source codes of programs, databases and other elements of the Platform belong to the Copyright Holder.

 

13.2. Any use of the QForm Platform outside the scope of the rights granted is considered a violation of the rights of the Copyright Holder and may be grounds for restricting access, refusing to execute this Agreement and collecting damages in accordance with the legislation of the Russian Federation.

 

13.3. The Parties undertake to maintain the confidentiality of information received by them during the execution of this Agreement, except in cases where disclosure of information is required by law or is necessary for the execution of this Agreement to the extent permitted.

 

14. Electronic documents and notices

 

14.1. The parties have the right to use for the exchange of documents and notifications:

 

  1. Personal account;
  2. email;
  3. electronic document management systems;
  4. other agreed electronic channels.

 

14.2. Invoices, invoice offers, Orders, notifications, documents on personal data and other documents sent in the specified ways are recognized as acceptable evidence and legally significant messages within the limits permitted by law and agreement of the Parties.

 

14.3. All messages, documents and expressions of will sent through the Personal Account or by email specified by the Licensee during registration, execution of a License, Order or payment are considered to have been sent properly.

 

14.4. The licensee bears the risk of consequences associated with non-reception of messages due to the indication of inaccurate or outdated contact information.

 

15. Applicable Law and Dispute Resolution

 

15.1. The laws of the Russian Federation apply to the relations of the Parties on issues that are not regulated or not fully regulated by this Agreement.

 

15.2. The parties strive to resolve all disputes through negotiations and exchange of claims.

 

15.3. If an agreement is not reached, the dispute is subject to consideration in court at the location of the Copyright Holder, unless a different procedure is established by mandatory provisions of law or by a separate written agreement of the Parties.