QForm User Agreement

This User Agreement (hereinafter referred to as the Agreement) establishes the general conditions and rules for the use of the Contractor’s Website, available on the Internet athttps://ru.qform.io/(hereinafter referred to as the Site), Personal Account and related services, and also regulates the relationship between the owner of the Site (hereinafter referred to as the Contractor) and individuals and/or legal entities (hereinafter referred to as Users) who use this Site and related services.

This User Agreement applies when using the Site, Personal Account and related services on the territory of the Russian Federation and in accordance with the legislation of the Russian Federation.

The provision of rights to use the QForm Software Product, the terms of tariffs, licenses, limits, validity periods of paid functionality and the procedure for its payment are also regulated by the QForm License Agreement, tariffs, invoices, invoices-offers and other documents of the Contractor directly applicable to the corresponding product or method of its acquisition.

The text of the User Agreement is a public offer in accordance with paragraph 2 of Article 437 of the Civil Code of the Russian Federation. Proper acceptance of this offer in accordance with Article 438 of the Civil Code of the Russian Federation is considered to be the completion of all actions specified in the Agreement. Unconditional acceptance (acceptance) of the terms of this Agreement is considered to be an action indicating the Customer’s agreement with the Agreement: registration on the Contractor’s website.

This Agreement, concluded by accepting this offer, does not require bilateral signing.

1. TERMS AND DEFINITIONS

- The Contractor’s Website is a composite (complex) object of intellectual property owned by the Contractor, consisting of computer programs and other software, databases, graphic content and other works, combined to ensure the functioning of the Contractor’s Website and the use by users of the Software Product “QForm”; access to the Contractor's Website is carried out via the Internet. Website address: https://ru.qform.io/;

- Software product “QForm” – a software package posted on the Contractor’s Website, which provides the ability to create forms for collecting data, quizzes, using videos and other features implemented in the software package at the request of users;

- Customer - an individual or legal representative of a legal entity or individual entrepreneur, a user of the Internet, in particular the Contractor’s Website, who accepted the offer and entered into this Agreement;

- Customer’s website – the Customer’s Internet resource, accessible via the Internet, on which a data collection form created using the “QForm” Software Product is installed;

- Tariff - a set of commercial and functional conditions for providing access to the QForm Software Product, including validity period, cost, limits, composition of available functionality, restrictions and other parameters of use, published by the Contractor on the Site, in the Personal Account or in other applicable documents of the Contractor;

- Registration – a set of actions by the Customer, namely the provision of their data and the initial entry of a login and password to create an account on the Contractor’s Website;

- Personal account – web page of the Software Product “QForm”, available athttps://app.qform.io/or to another address specified by the Contractor, providing the opportunity to register, manage access and use the Contractor’s services;

- Credentials – Customer’s credentials, including: last name, first name, patronymic (if available), login and mobile phone;

- Personal data - any information relating to a directly or indirectly identified or identifiable individual (subject of personal data, hereinafter referred to as the subject);

- Processing of personal data - processing of personal data - any action (operation) or set of actions (operations) performed using automation tools or without the use of such means with personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, changing), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data;

- Personal data operator - a state body, municipal body, legal entity or individual, independently or jointly with other persons organizing and (or) carrying out the processing of personal data, as well as determining the purposes of processing personal data, the composition of personal data to be processed, actions (operations) performed with personal data;

- Personal data processor is a person who processes personal data in the interests and on behalf of the personal data operator.

2. SUBJECT OF THE AGREEMENT

2.1. The Contractor provides the Customer with the opportunity to use the Site, Personal Account and related services, as well as access to the QForm Software Product on a paid and free basis in accordance with the terms of this Agreement. In terms of granting the rights to use the QForm Software Product, paid functionality, tariffs, licenses, limits, validity periods and payment procedures, the Parties are also guided by the QForm License Agreement and other applicable documents of the Contractor. The Customer undertakes to use the Site, Personal Account, Software Product “QForm” and related services in strict accordance with the terms of the Agreement, as well as pay the Contractor for the appropriate paid access in cases provided for by the Contractor’s applicable documents.

2.2. A mandatory condition for using the Site, Personal Account and related services in accordance with this Agreement is the acceptance, compliance by the Customer and application to the relations of the Parties of the requirements and provisions defined by this Agreement.

2.3. All information posted by the Customer on the Contractor’s Website and in forms, quizzes and other objects created using the Contractor’s Website, including his personal data, is stored on the Contractor’s server, and the Customer agrees to the placement, storage and processing of information in accordance with the Privacy Policy of the Contractor’s Website by joining this Agreement.

3. PROCEDURE FOR USE OF THE SITE AND PROVIDING ACCESS

3.1. For the purpose of registering in the Personal Account, the Customer indicates his email address or telephone number in a special registration form. If desired, the Customer has the right to fill in his date of birth, full name and gender in an additional form.

3.2. The customer creates a Login and Password independently.

3.3. The Customer confirms the accuracy of the data specified by him and the fact of registration in the Personal Account by entering the Password.

3.4. The fact of Registration in the Personal Account means the User’s full and unconditional acceptance of the terms of this Agreement from the relevant point in time.

3.5. All actions performed in the Customer’s Personal Account are considered to be actions performed by the Customer.

3.6. Access to the paid functionality of the QForm Software Product and other paid services of the Contractor is carried out after the User has paid the fee in the manner provided for in the relevant Tariff, QForm License Agreement, invoice, offer invoice, acquiring or other document of the Contractor.

3.7. Paid access is considered paid from the moment funds are received by the Contractor or from the moment payment is confirmed in the applicable payment system and is valid until the expiration of the period for which it was provided in accordance with the Tariff, QForm License Agreement, invoice, invoice offer or other document of the Contractor.

3.8. During the period of termination of paid access, the User can only use free functionality and free services provided by the Contractor.

4. USE OF YOUR PERSONAL ACCOUNT

4.1. The Customer, through his Personal Account, has the opportunity to:

4.1.1. Receive information about the Contractor's services, Tariffs, licenses, packages and other available products.

4.1.2. Select, connect/change the Contractor's services, Tariffs, licenses, packages and other available products.

4.1.3. Receive and transmit documents to the Contractor.

4.2. The performer has the right:

4.2.1. Change the list of services, Tariffs, licenses, packages and other available products in your Personal Account.

4.2.2. Suspend, change the procedure for providing or stop providing the Customer with access to the Personal Account in the event of a violation by the Customer of the terms of this Agreement, as well as in cases provided for by current legislation.

5. RIGHTS AND OBLIGATIONS OF THE PARTIES

5.1. The Contractor undertakes:

5.1.1. Ensure that the Customer is provided with access to the Site, Personal Account and the Contractor's services, as well as to the paid functionality of the QForm Software Product, subject to payment by the Customer in accordance with the applicable documents of the Contractor, as well as after the Customer enters additional personal data in accordance with clause 5.3.1 of the Agreement.

5.1.2. Do not disclose or transfer information to third parties about the Customer and his actions in the Personal Account, except as provided for by the current legislation of the Russian Federation and the Privacy Policy of the Contractor's Website.

5.2. The performer has the right:

5.2.1. Refuse the Customer to provide access to the Personal Account if the User violates his obligations under this Agreement, the provisions of the Contractor's Website Privacy Policy or other documents of the Contractor regulating the operation and use of the Contractor's Website, or violation of applicable law.

5.2.2. Suspend access to paid services and (or) paid functionality of the QForm Software Product upon expiration of the period for which the corresponding paid access was paid, until the Customer makes the next payment in accordance with the Tariff, the QForm License Agreement or other applicable document of the Contractor.

5.2.3. Restrict access to the Personal Account (including using automated systems) in order to implement the Contractor’s obligations to protect information and personal data established by the current legislation of the Russian Federation.

5.2.4. Make changes to the operation and content of the Contractor's Website and the QForm Software Product in connection with the introduction of new products and services, as well as provide access to new services without prior notice to the Customer.

5.2.5. Change the terms of this Agreement unilaterally by posting a new version on the Contractor’s Website. The old version of the Agreement ceases to be valid from the moment the new text of the Agreement is posted on the Contractor’s Website, unless otherwise established by the Contractor. Changes affecting the terms of the paid functionality of the QForm Software Product, tariffs, licenses, limits, validity periods and payment procedures are applied taking into account the QForm License Agreement and do not apply to the already paid period, unless otherwise expressly provided for by the legislation of the Russian Federation or a separate agreement of the Parties.

5.3. The customer is obliged:

5.3.1. When registering and using the Personal Account, provide reliable Credentials about yourself, as well as reliable data of a legal entity or individual entrepreneur, if the Customer acts on their behalf.

5.3.2. Perform actions in the Personal Account on behalf of a legal entity or individual entrepreneur only if you have the appropriate authority, for example, a power of attorney issued by these persons before performing actions in the Personal Account. Documents confirming the authority to represent the interests of a legal entity or individual entrepreneur must be provided by the Customer no later than 3 (three) working days from the date of receipt of the Contractor’s request by email.

5.3.3. Ensure the safety of Credentials and information contained in your Personal Account. When using the Personal Account, until the Customer receives information about a violation of the confidentiality regime, all actions and documents performed and sent using the Personal Account, even if such actions and documents were performed and sent by other persons, are considered completed and sent by the Customer. In this case, the rights and obligations, as well as liability, accrue to the Customer.

5.3.4. Be responsible for all actions taken through the Personal Account, as well as when using the Contractor’s Website and the QForm Software Product, which took place after the Customer registered in the Personal Account.

5.3.5. When collecting data using the QForm Software Product.

1) Comply with the rules for processing personal data established by the Site’s Privacy Policy and the legislation of the Russian Federation when processing personal data;

2) In the absence of an order for the processing of personal data, independently process and systematize personal data;

3) Use data collection forms exclusively for those jurisdictions that were specified by the Customer when registering on the Contractor’s Website / in the Personal Account;

4) Use the received data for the legal purposes stated in the privacy policy, consent to the processing of personal data and an order for the processing of personal data (if an order is concluded);

5) Do not collect information about users that is not provided for in the Privacy Policy of the Contractor’s Website, violating the requirements of Federal Law dated July 27, 2006 N 152-FZ “On Personal Data” and applicable legislation;

6) Ensure recording, systematization, accumulation, storage, clarification (updating, changing) retrieval of personal data of citizens of the Russian Federation using databases located on the territory of the Russian Federation;

7) Do not transfer personal data of citizens of the Russian Federation outside the Russian Federation without complying with the requirements established by law for the cross-border transfer of personal data;

8) Collect and process personal data exclusively of citizens of the Russian Federation using the QForm Software product in compliance with the requirements of the legislation of the Russian Federation on personal data.

5.3.6. Be responsible for any violation of the obligations established by this Agreement, as well as for all the consequences of such violations (including any loss or damage that the Contractor may incur).

5.3.7. Do not use the services of your Personal Account to perform any actions contrary to current legislation.

5.3.8. Independently monitor changes made by the Contractor to the Agreement and take measures to comply with the terms contained therein.

5.4. The customer has the right:

5.4.1. Use your Personal Account, the Contractor’s Website and the QForm Software Product in accordance with the terms of this Agreement.

5.4.2. Use the free or paid version of the QForm Software Product at your choice:

5.4.2.1. The free version of the QForm Software product includes:

1) Limited functionality of the QForm Software Product available for use by the Customer;

2) Data processing by the Contractor as a co-operator of personal data without the Customer’s right to determine the purposes of data processing;

3) Restrictions on the types of data collected (processed) using the QForm Software Product (including a ban on collecting (processing): passport data, commercial information, etc.);

4) Prohibition of processing special categories of personal data using the QForm Software product;

5) Processing of personal data collected by the Client until the purposes of processing are achieved or consent to processing is withdrawn, but not more than 1 (one) year from the date of deletion of the User’s account on the Site;

6) Independent collection by the Client of consents to the processing of personal data, in the absence of consent to the processing of personal data in the data collection form.

5.4.2.2. In cases of using the free version of the QForm Software Product, the Customer is obliged to:

1) Indicate yourself as a personal data operator, defining the purposes of processing personal data, the composition of personal data to be processed, actions (operations) performed with personal data, indicating the rules for processing personal data adopted by the Customer in its activities and bear all the responsibilities of a personal data operator in accordance with the requirements of the Federal Law of the Russian Federation of July 27, 2006 N 152-FZ “On Personal Data”;

2) Download the Customer’s privacy policy in the Personal Account;

3) Carry out independent collection of consents to the processing of personal data in the absence of consent to the processing of personal data in the data collection form.

5.4.2.3. The paid version of the QForm Software product includes:

1) Expanded functionality of the QForm Software Product available for use by the Customer;

2) Possibility of data processing at the Customer’s discretion:

i) by the Customer as a personal data operator with the participation of the Contractor as a personal data processor, with the ability to determine the purposes of data processing, use of an individual privacy policy (personal data processing) and consents to the processing of personal data;
ii) The Contractor as a personal data operator with the ability to determine the purposes of data processing, but when using the privacy policy and consents, the processing of the Contractor’s personal data;

3) Possibility of processing special categories of personal data using the QForm Software product (subject to obtaining special consents for the processing of personal data in writing);

4) Processing of personal data until the purposes of processing are achieved or consent to processing is withdrawn, but not more than 3 (three) years from the date of deletion of the User’s account on the Site.

5.4.2.4. In cases of using the paid version of the QForm Software Product, in which the Contractor, the Customer, acts as the operator of personal data:

1) Limited in the choice of types of data collected (processed) using the “QForm” Software Product (collection (processing) of: passport data, commercial information, etc. is prohibited);

2) Limited in the choice of purposes for data processing using the QForm Software Product.

5.4.2.5. In cases of using the paid version of the QForm Software Product, in which the Customer is the operator of personal data, the Customer is obliged to:

2) Fill out an order in the Personal Account for the processing of personal data by the Contractor or send a signed order to the Contractor via email or EDI;

3) Publish on the Customer’s Website or upload to the Personal Account (in case of using the QForm.link functionality) the Customer’s privacy policy and independently collect consents to the processing of personal data, indicating the Contractor as a personal data processor in the documentation.

5.4.2.6. In cases of processing special categories of personal data using the paid version of the QForm Software Product, the Customer is additionally obliged to provide:

1) Obtaining consent to the processing of personal data in writing received from the subjects of personal data within 3 (three) days from the date of receipt of such personal data;

2) Sending collected consents to the mail specified by the operator for collecting consents.

5.5. The customer has no right:

5.5.1. Use the Contractor's Website and the QForm Software Product for illegal and dishonest purposes, in violation of the terms of this Agreement and applicable law.

5.5.2. Collect other data using the QForm Software Product that was not expressly specified in the privacy policy, consent to the processing of personal data and an order for the processing of personal data (if an order is concluded).

5.5.3. Use the data obtained using the QForm Software Product for illegal purposes and for purposes other than those specified in the privacy policy, consent to the processing of personal data and an order for the processing of personal data (if an order is concluded).

5.5.4. Using the QForm Software Product, collect and process biometric personal data (for the purpose of user identification), and user bank card data.

5.5.5. Using the QForm Software Product, collect and process special categories of personal data without obtaining written consent to the processing of personal data.

5.5.6. Hide, delete, change or bypass the designations, signatures, links, branding elements, indications on QForm and other mandatory interface elements placed by the Contractor in forms, widgets, pages, embedded blocks and other elements of the QForm Software Product, including by changing the code on the Customer’s side, unless the right to such deletion or change is expressly provided for in the relevant Tariff, license or other applicable document of the Contractor.

5.5.7. Transfer personal data or other legally protected information to external systems, third parties or outside the Contractor’s infrastructure without independently ensuring the legality of such transfer, including compliance with the requirements for localization, cross-border transfer, the presence of appropriate legal grounds, consents and notifications, if such transfer is initiated by actions, settings, requests, commands or other actions of the Customer, including when using integrations, APIs, webhooks, exports, downloads, as well as functions of the Software Product “QForm”, which involve accessing external services, AI models, generative tools or other third-party technologies. The Customer's entry of personal data or other legally protected information into input fields, requests, prompts, commands or other interface elements associated with such functions is considered a transfer carried out at the initiative and at the risk of the Customer.

6. PERSONAL DATA

6.1. The Customer gives consent to the Contractor for the automated processing of personal data provided by the Customer during registration on the Contractor’s Website, as well as in the process of using the Personal Account, as well as for the processing of personal data by third parties on behalf of the Contractor.

6.2. The Contractor processes personal data in accordance with the Privacy Policy posted on the Contractor's Website.

6.3. The operator processes personal data in accordance with current legislation, including in accordance with the Federal Law of the Russian Federation of July 27, 2006 N 152-FZ “On Personal Data”.

7. RESPONSIBILITY

7.1. The Customer is solely responsible for the disclosure of Credentials and for third parties’ access to the information contained in the Personal Account.

7.2. The Customer undertakes to compensate the Contractor for losses incurred by the Contractor due to the Customer's failure to comply with this Agreement, the Privacy Policy of the Contractor's Website, other documents of the Contractor regulating the operation and use of the Contractor's Website, as well as applicable legislation, including the amount of liability imposed by government authorities on the Contractor.

7.3. The Contractor is not responsible for losses caused to the Customer as a result of the disclosure of the Customer's Credentials to third parties, which occurred through no fault of the Contractor. If any person other than the Customer logs into the Personal Account using the Customer’s password, then all actions performed by such person will be considered performed by this Customer until the Customer notifies the Contractor of the disclosure of the Credentials. The Customer is independently responsible for all actions performed by him in the Personal Account, as well as for all actions performed in the Personal Account by any other persons using the Customer’s Password.

7.4. The Contractor is not responsible for losses caused by the Customer to third parties as a result of using the QForm Software Product.

7.4.1. The Customer 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 Contractor’s infrastructure, if such transfer is initiated by actions, settings, requests, commands or other actions of the Customer, including when using integrations, APIs, webhooks, exports, downloads, as well as functions of the QForm Software Product that involve access to external services, AI models, generative tools or other third-party technologies, even if the corresponding transfer is technically carried out using the functions of the QForm Software Product.

7.5. The Contractor is not responsible for non-fulfillment or improper fulfillment of obligations under the Agreement, as well as possible losses arising, including, but not limited to, as a result of:

– unlawful actions of Customers aimed at violating information security or the normal functioning of the Contractor’s Website;

– absence (impossibility of establishing, terminating, etc.) Internet connection between the Customer’s server and the Contractor’s server;

– other cases related to the actions (inaction) of Customers and/or other entities aimed at worsening the general situation with the use of the Internet and/or computer equipment that existed at the time of conclusion of the Agreement, as well as any other actions aimed at the Contractor’s Website;

– performing preventive/maintenance work.

7.6. The Contractor shall not be liable for any type of loss or damage, including lost profits, incidental, indirect, special or punitive damages, loss of goodwill, loss of information, data or other financial losses, even if the Contractor has been advised of the possibility of such damages, in the event of the use or inability to use the product by the Customer, except as expressly prohibited by applicable law.

7.7. The Contractor reserves the right, at its own discretion, as well as upon receiving information from other users of the Contractor's Website or third parties about the Customer's violation of this Agreement, to suspend, limit or terminate the Customer's access to the Personal Account at any time for any reason or without explanation, with or without prior notice, without liability for any harm that may be caused by such an action.

7.7.1. In particular, the Contractor has the right to suspend, limit or terminate the Customer’s access to the Personal Account and the QForm Software Product until the violation is eliminated if the Customer hides, deletes, changes or bypasses mandatory designations, links, QForm signatures, branding elements or other interface elements if the Customer does not have the corresponding right under the Tariff, license or other applicable document of the Contractor.

7.8. The Contractor reserves the right to delete the Customer’s Personal Account and (or) suspend, limit or terminate the Customer’s access to any of the services of the Contractor’s Website if it discovers that, in its opinion, the Customer poses a threat to the Contractor’s Website or to persons indicated by the Customer as persons whose interests it represents. The Administration of the Contractor's Website is not responsible for the temporary blocking or deletion of information carried out in accordance with this condition or the deletion of the Personal Account (termination of registration) of the Customer. Deleting the Customer's Personal Account means automatically deleting all information posted on it. After deleting the Personal Account, the Customer loses access rights to the Personal Account.

7.9. Neither Party is responsible for complete or partial failure to fulfill any of its obligations if the failure is a consequence of circumstances such as flood, fire, earthquake, other natural disasters, war or hostilities and other force majeure circumstances that arose after the conclusion of the Agreement and are not dependent on the will of the Parties.

8. DISPUTE RESOLUTION PROCEDURE

8.1. In the event of disputes arising between the Customer and the Contractor on issues related to the execution of the Agreement, the Parties will take all measures to resolve them through negotiations. The claim procedure for resolving disputes is mandatory. The parties have the right to send claims to the email addresses specified in the Agreement. The period for consideration of a claim is 20 (twenty) days from the date of filing the claim.

8.2. All disputes between the Parties are subject to resolution through negotiations. If an agreement is not reached, the dispute is considered in the Arbitration Court of the Orenburg Region, or, if the Customer is an individual not registered as an individual entrepreneur, in the district court at the location of the Contractor.

9. OTHER CONDITIONS

9.1. The customer agrees to receive informational messages, documents and information to his mobile number and email.

9.2. The Contractor's email address to which a claim, application, etc. can be sent. is: info@qform.io, for the Customer: the email address specified by the Customer in the Personal Account.

9.3. The recognition by a court of any provision of the Agreement as invalid or unenforceable does not entail the invalidity of other provisions of the Agreement.

9.4. In all other respects that are not regulated by the Agreement, the Parties are guided by the current legislation of the Russian Federation.

9.5. This Agreement comes into force from the moment the offer is accepted by the Customer and is concluded for an indefinite period.

9.6. If, after registration, the Customer, or the person whose interests the Customer represents, does not agree with the terms of this Agreement, or with the terms of the Agreement in the new version published on the Contractor’s Website, he must contact the Contractor to block the Customer’s Personal Account. Otherwise, continued use of the Contractor’s Website by the Customer means that the Customer, or the person whose interests the Customer represents, agrees with the terms of the Agreement.

9.7. Issues not regulated by this Agreement shall be resolved in accordance with the legislation of the Russian Federation.

9.8. The Customer confirms that he has read all the provisions of the Agreement, understands and accepts them.

10. CONTRACTOR DETAILS

LLC "KUFORM"

INN: 5609196302, OGRN: 1215600001594;

Date of entry in the Unified State Register of Legal Entities: 02/19/2021

Address: 460044, Russian Federation, Orenburg, st. Berezka 2/5, room 18.

Director: Zuev Alexander Olegovich