This License Agreement (the "Agreement") is an offer by IE Vratenkov Anton Sergeevich (OGRNIP 316501200060458), hereinafter referred to as the Licensor, to the user, hereinafter referred to as the Licensee. This Agreement shall be deemed concluded upon its acceptance by the Licensee. The acceptance for the purposes of this Agreement shall mean the fact of the Licensee's registration on the Licensor's website.
1.1. The license is a non-exclusive right of the Licensee to use the software transferred to the Licensee by the Licensor, with a limitation of the available set of Options, the number of Operators, for demonstration purposes.
1.2. Licensor's website - play-name.com website
1.3. Operator - the end user of the software, who has an account to log in to the software and is authorized to receive incoming dialogues using the software.
1.4. Management section - user interface for managing functions and settings of the software, available at
1.5. Pro Version section - user interface for paying licenses, managing subscriptions and viewing the status of the current license, available at
1. 6. Tariff - the cost of using the software, determined by the Licensor and posted on the Licensor's website at https://play-name.com/cabinet/tarifyi. The Licensee acquires the Licenses in the Pro Version section according to the Tariff in effect at the time of purchasing the License.
1.7. User account - the Licensee's account in the Management section, where the Licensee can create Operator accounts, manage software settings, add sites to which the software will be installed.
1.8. Trial period - the period of time during which the Licensee gives the opportunity to the Licensee to try a professional version of the software before purchasing. The Trial period is provided on the terms and conditions defined in this Agreement.
2.1. The subject of this License Agreement is the transfer by the Licensor of non-exclusive rights to use the Software to the Licensee on the terms of a simple (non-exclusive) license by providing access to the server of the Licensor.
2.2. The License is provided to the Licensee for demonstration purposes and provides for restrictions on the set of functions available in the Software, as well as on the number of Operators. The Licensor has the right to change the set of functions available in the free version without notice and the restriction on the number of Operators.
2.3. The Licensee may use the Software in the following ways:
2.3.1. To access the Software around the clock, except for periods of technical work.
2.3.2. Use all the functionality of the Software, taking into account the limited set of Options and the number of Operators at the tariff "Free version".
2.4. The Licensee may not transfer the right to use the Software to the third parties.
3. CONTRACT EXECUTION
3.1. The Licensor provides the Licensee with a non-exclusive License at the tariff "Free version" when registering on the site of the Licensor.
3.2. The Licensee is obliged to use the software only in the ways stipulated by the present Agreement.
3.3. The Licensee is provided with technical support regarding the use of the Software during the whole period of the License. The support is provided by e-mail email@example.com
3.4. The Licensor may conduct technological breaks in providing access to the Software without prior notification of the Licensee.
3.5. The Licensor provides the Trial period to the Licensee taking into account the following conditions:
3.5.1. During the Trial period the link "play-name.com" cannot be excluded from the Software interfaces.
3.5.2 The Trial period is provided for one site only once. If you re-register and install the software on the Client's website using a new User Account, the Trial period is not provided.
3.5.3 The Licensor reserves the right to interrupt the Trial period until the end of its validity at its own discretion.
3.5.4. The function "monitor visitors" in the Trial period is provided with a restriction on the number of displayed visitors. No more than 100 visitors of the site are displayed in the operator's program.
4. RIGHTS AND DUTIES OF STORON
4.1. During the term of this Agreement the Licensee: undertakes not to modify the source code of the Software; undertakes not to modify the appearance of the user interfaces of the Software, except for the means of modifying the appearance, provided in the Section Management.
4.2. The Licensee undertakes not to collect and process personal data of EU and EEA residents using the Software.
4.3. The Licensor may change the Tariff without prior notice.
4.4. The Licensor has the right to make software updates, change the set of functions, appearance and logic of the Software operation without prior notice.
4.5. The Licensor may terminate the License at its discretion without prior notice to the Licensee.
4.6. In case the Licensee plans to install the software on the site with more than 10,000 unique visitors per day, he must notify the Licensor a week before installation. Otherwise, the software operation is not guaranteed.
5. LIST OF RULES AND RULES
5.1.The free version license is available for demonstration purposes.
5.2. The right to use the Software is transferred by granting the Licensee access to the Licensor's servers.
6. DISPLAYING LICENSION
6.1. In order to remove restrictions on the functions of the software provided under the demo license, or to increase the limit on the number of Operators, the Licensee must purchase the License in the Pro version section according to the Tariffs.
7. STORON LIABILITY
7.1. For non-fulfillment or improper fulfillment of this Agreement the Parties are responsible according to the legislation of the Russian Federation.
7.2. The Licensor does not reimburse the Licensee and/or the third parties for the losses incurred in connection with the use and/or inability to use the Software, disclosure of information to third parties in connection with the use of the Software and other losses directly or indirectly related to the use and/or inability to use the Software, including lost profits.
7.3. In case of violation of p.4.2 of the Agreement the Licensee is materially liable to the Licensor and undertakes to reimburse in full the legal costs, fines of the controlling bodies and other losses related to the violation of this clause.
7.4. The Licensee is responsible for compliance with the current legislation of the information transferred by the Licensee using the Software, as well as for the actions of the Operators when using the Software. In case of the third parties' claims to the Licensor related to the content of the transferred information, the Licensee shall settle such claims independently and at its own expense, as well as reimburse the Licensor for the incurred losses.
7.5. In case of detection of violations of the current legislation and in the presence of the relevant orders from law enforcement and other authorized state bodies and officials, the Licensor reserves the right to suspend the use of the Software, limiting the access of the Licensee to the Software, by sending the appropriate written notice to the Licensee.
7.6. The Licensee uses the Software at its own risk. The Software is provided "as is". The Licensor does not accept any responsibility, including for the compliance of the Software with the objectives of the Licensee.
7.7. Any information and/or materials (including downloadable software, files, letters, any instructions and manuals, etc.) which the Licensee accesses using the Software, the Licensee can use at its own risk and is responsible for the possible consequences of the use of the said information and/or materials, including any damage that this may cause to the Licensee's computer and/or third parties, loss of data or any other damage;
7.8. In all circumstances, the Licensee's liability is at its own risk.
8. ACTIVITIES, CHANGE AND RESTORATION OF THE CONTRACT
8.1. The present Agreement comes into force from the moment of acceptance of the conditions of the present Agreement by the Licensee and is valid for an indefinite period of time
8.2. The Licensor has the right to change the conditions of the present Agreement by publishing the new text of the Agreement on the Licensor's website.
8.3. If the Licensee violates the terms and conditions of this Agreement, the Licensor has the right to terminate the Agreement and immediately block access to the server without prior notification of the Licensee.
8.4. Either of the Parties has the right to unilaterally terminate this Agreement by notifying the other Party by means of electronic communication 5 (five) days in advance.
9. PERSONAL DATA MANAGEMENT
9.1. Conclusion of this Agreement shall be considered by the Parties as an instruction given by the Licensee to the Licensor for the processing of personal data of the Licensee's website(s) visitors, provided for in paragraph 3 of Article 6 of the Federal Law of 27 July 2006 № 152-FZ "On Personal Data". The purpose of processing personal data on this order is to enable the Licensee to interact with visitors to the Licensee's website(s) using the Playname software, as well as to provide the Operator with access to the software. In addition, the site collects and processes impersonal data about visitors (including "cookies") with the help of Internet statistics services (Yandex Metrics, Google Analytics and others). In this case, the Licensee shall instruct the Licensor to perform the following actions (operations) with personal data performed using automation tools: collection, recording, systematization, accumulation, storage, refinement (updating, modification) after making changes by the Licensee, extraction, use, transfer (distribution, access), blocking, deletion, destruction. Content and list of processed personal data of the visitor to the site(s) of the Licensee:
- Email address
- phone number
information about visited pages on the sites of Operator Licensees in the Internet, where the service is installed.
Content and list of personal data processed by the Operator:
- Email address
- phone number
9.2. The Licensee guarantees:
9.2.1. that the processing of personal data fulfills all rights of subjects of personal data provided by the current legislation of the Russian Federation in the field of protection of personal data;
9.3. The Licensor guarantees:
9.3.1. that in accordance with Article 19 of the Federal Law of 27 July 2006.
The Licensor guarantees:
9.3.1. that in accordance with Article 19 of the Federal Law of July 27, 2006 № 152-FZ "On Personal Data" he has taken the necessary organizational and technical measures to protect the personal data used within the framework of this order from illegal or accidental access to them, destruction, modification, blocking, copying, distribution of personal data, as well as from other illegal actions in relation to personal data, in particular:
Definition of threats to the security of personal data during their processing;
establishment of rules of access to the processed personal data;
Detection of the facts of access to the processed data.
9.3.2. that while processing personal data within the framework of the present Agreement, the Licensor has ensured the fulfillment of the requirements to the levels of personal data security established by the Decree of the Government of the Russian Federation dated November 1, 2012 No. 1119 "On approval of requirements to personal data protection during their processing in information systems of personal data".
9.4. The Licensor undertakes to process the personal data received from the Licensee under the current Agreement.
9.5. For the purpose of observing the rights of the subject of personal data provided by the Federal Law of July 27, 2006 № 152-FZ "On Personal Data", the Parties agreed that in case the Licensee (the Operator of personal data) receives a request containing the withdrawal of the consent of the subject of personal data for the processing of personal data, the Licensee shall, within seven working days from the date of its receipt, notify the Licensor of the need to remove the withdrawn data, or provide the subject of personal data with a reasoned refusal to comply with the request.
10. STANDARDS OF WIRELESS STRONG (FORCE MAJOR)
10.1. The Parties are relieved of responsibility for full or partial non-fulfillment of their obligations under this Agreement, if such non-fulfillment was caused by force majeure circumstances, namely: DDoS attacks, fire, flood, earthquake, sabotage, military actions or changes in legislation, if these circumstances directly affected the fulfillment of obligations under this Agreement. In this case, the term of performance of obligations under this Contract shall be postponed in proportion to the time during which such circumstances were in force.
10.2. The Licensor shall notify the Licensee about the beginning and end of the force majeure circumstances that prevent the performance of obligations under this Contract within ten days by e-mail indicated at the registration.
10.3. The Licensee shall within ten days by e-mail to firstname.lastname@example.org the Licensor on the beginning and end of the circumstances of force majeure that prevent the performance of obligations under this Agreement.
10.4. If the force majeure circumstances will cause impossibility of full or partial performance of obligations under this Agreement more than 3 (three) months in a row, each of the Parties has the right to terminate this Agreement unilaterally out of court by sending a notice to the other Party 15 (fifteen) calendar days before the expected date of termination of the Agreement.
11. CONCLUSIONAL SERVICES
11.1. If any of the terms and conditions of the Contract are declared invalid or unenforceable by any court or administrative authority of the competent jurisdiction, this will not affect the validity or enforceability of any other terms and conditions of the Contract, which will then remain fully valid, unless otherwise provided by the legislation of the Russian Federation.
11.2. Everything that is not regulated by this Agreement shall be regulated in accordance with the legislation of the Russian Federation.
11.3. By accepting the terms and conditions of the present Agreement, the Licensee gives his consent to the Licensor for collection, storage and processing of his personal data, including the transfer of personal data to the rightholder and other third parties as part of the fulfillment of obligations under the present Agreement and the requirements of the legislation of the Russian Federation, according to the Federal Law "On Personal Data" № 152 of 27.07.2006. The Licensee guarantees that when providing the Licensor with personal data of other persons, the Licensee has obtained the appropriate consent from such persons.
11.4. By accepting the terms and conditions of this Agreement, the Licensee agrees to receive additional information and newsletters to the e-mail addresses and telephone numbers indicated during the registration on the website and in the software.
11.5. The terms and conditions of the present Agreement shall apply, unless otherwise stipulated by the written Agreement of the Parties.
IP VRATENKOV ANTON SERGEVICH
ADRES WORLD LOCATION 143960, Moscow region, Reutov str. Prospekt Mira, 11, apartment 23
______________________ Vratenkov A.S.