Date of publication: 27.07.2017
Limited liability company “Kuznitsa”, hereinafter referred to as “Licensor”, publishes this “License Agreement” pertaining to the granting of rights to use the Onlypult.com Service (hereinafter — the Agreement), which is a public offer to individuals and legal entities interested in obtaining a license in relation to the Onlypult.com Service, (next – Licensee).
Under this Agreement, the Licensor for a fee (or without it - under a Demo License conditions) grants to the Licensee a non-exclusive right to use the following intellectual property objects – the Onlypult.com Service (the License).
Licensee may use the Onlypult.com Service the following ways:
2.1. By providing access to the Onlypult.com Service and playback of the graphic part (working interface) on the screen of the mobile device or personal computer (other device) through the browser.
2.2. By round-the-clock access to the Onlypult-account, except in the case of maintenance or updates, in order to maintain functionality of the Onlypult.com Service in accordance with the Commercial or Demo License.
2.3. By receiving notifications generated by the Onlypult.com Service regarding the status of the Licensee’s Onlypult-account.
Restrictions and features of the Demo License:
3.1. The Licensor is not liable for any consequences of the use or inability to use the Onlypult.com Service during the Demo License. The Licensee accepts all risks of such use.
3.2. Transfer of use rights to the Onlypult.com Service for the Demo License operation occurs at the time of registration of the Licensee on the Onlypult.com service.
Granting the right to use the Onlypult.com Service does not imply granting Licensee direct access to Licensor’s servers, database, physical or virtual equipment, operating system, the ability to administer work algorithms of the Onlypult.com Service or its modifications. Licensee may not fully or partially transfer their rights under this Agreement to third parties. Sublicensing is not allowed
The Licensor grants Licensee the right to use the Onlypult.com Service by granting access to the Onlypult.com Service from any country for a period stipulated by the Plan, chosen by the Licensee and the Accounting period.
In this Agreement terms are used in the meanings defined in clause 23 of the Agreement (hereinafter the Terms). The use of Terms in terms of the analogy of law is inadmissible unless otherwise determined by the Parties. In this Agreement the following Terms are used:
6.1. Functional abilities of the Onlypult.com Service – uploading of photos and videos to one or more accounts in social networks from a computer or mobile device, using tools such as Direct, Planner and Calendar, filter photos, manage multiple accounts at the same time, open access to the publication to an SMM specialist without providing access to a social network account, access to any analytics generated by the Onlypult.com Service.
6.2. User agreement – rules approved by the Licensor and published on the site Onlypult.com under the heading “User Agreement”. Posted at: onlypult.com/terms_of_use.
6.4. Notification - a text message sent to the Licensee via e-mail or in the online support window.
6.5. “Accounting period” - a period equal to 7 calendar days (under the Demo License), 1 month, 6 months and 12 months, which provides access to the functionality of the Onlypult.com Service within the framework of this Agreement, a month is a period of thirty calendar days.
6.6. Other Terms and values are defined in the User Agreement.
The Licensor has the right:
7.1. To apply updates and changes to the Onlypult.com Service at their own discretion without the consent of Licensee and such updates may lead to changes in the appearance and/or functionality of the Onlypult.com Service (including the addition, modification or deletion of functions or content). The Licensor must provide, implement, configure, maintain all updates, improvements, fixes, bug fixes, modifications to the Onlypult.com Service (collectively, the “Updates”), excluding the addition of new products from third-party organizations. All updates made to the Onlypult.com Service, are integral, and the terms of this Agreement are fully applicable to them. The Licensor does not pay any compensation to the Licensee, does not reimburse for possible damages, direct or indirect damages (in particular, loss of profits) associated with making updates to the Onlypult.com Service.
7.2. To stop access to the Onlypult.com Service without compensation to the Licensee for any losses, possible damages, or loss of profit, in the event of the Licensee’s failure to fulfill their obligations under this Agreement.
7.3. To provide information to the supervisory authorities on the basis of official requests and court decisions.
The Licensor undertakes:
8.1. To protect the personal data of the Licensee located in the Onlypult.com Service from unauthorized access by third parties.
8.2. To eliminate possible software failures in the operation of the Onlypult.com Service, arising from the fault of the Licensor, on the basis of a Licensee’s communication sent to the Licensor via e-mail or in the online support window.
The Licensee has the right:
9.1. To receive round-the-clock access to the Onlypult.com Service except when it is being updated, in order to use all the functionalities of the Onlypult.com Service within the chosen Plan
9.2. To provide their employees with access to publications for managing a social network account.
The Licensee undertakes to:
10.1. Be responsible for the information being posted, including the actions that Licensee and/or Licensee’s employees can perform with social networking accounts, independently resolve third-party claims regarding the reliability of the information being posted.
10.2. In due time, pay the Licensor a fee for the provision (transfer) of the rights to use the Onlypult.com Service. In accordance with cl. 11-18 of this Agreement, as well as independently monitor the changes in the Tariffs.
10.3. Independently ensure the confidentiality of its authorization information (login (email) and password for accessing the Onlypult.com Service) and be responsible for all actions performed using their login and password, bear the risk of adverse consequences associated with their loss or theft.
The Licensee pays the Licensor a License fee according to the Tariff given at the following address: onlypult.com/do-payment.
The License fee is paid by the Licensee with a 100% (one hundred percent) prepayment according to the Plan chosen by the Licensee from the Plans and the Accounting period.
The Licensor has the right to unilaterally amend the Tariffs without notifying the Licensee, as well as carry out actions to reduce the size of the License Fees, and provide discounts. All changes are posted on the Internet at: onlypult.com/do-payment, and come into force from the moment of their publication. The change in the amount of the License fee does not apply to already paid Commercial Licenses.
The Licensee’s obligation to pay shall be deemed to have been executed at the time the funds are credited to the Licensor’s account.
The Licensee has the right to change the plan by paying the difference between the Tariffs before the expiry of the term. The new plan comes into effect on the day the funds are credited to the Licensor’s account.
In the event that the Licensee has paid for and has not received access to the Onlypult.com Service within 1 day after payment, it is necessary to contact the support service, providing, if necessary, a copy of the receipt for payment of the payment document.
The Licensee understands and agrees that the money paid for the Commercial License from the moment it is provided is not refundable.
Rights to use the Onlypult.com Service are provided by the Licensor to the Licensee within 24 hours after the fulfillment by the Licensee of the obligation to pay the License fee. The fact of transfer of rights is confirmed by the activation of the Commercial License in the onlypult.com service (access to functionality of the Onlypult.com Service within the chosen Tariff Plan).
The right to use the Onlypult.com Service is provided to the Licensee “as is”. This means that Licensee agrees that the Onlypult.com Service is not error free. Licensee accepts all the risk associated with the use of the Onlypult.com Service. Licensee confirms that he knows the functional properties and features of the Onlypult.com Service. The Licensee bears the risk of matching the Onlypult.com Service with its desires and needs, as well as the risk of compliance with the conditions and scope of the granted rights to their desires and needs.
Notwithstanding anything to the contrary in this Agreement, the Licensor (including the Director General, affiliates, officers, employees, representatives and partners shall in no event be liable for any kind of misuse resulting from Licensee’s use of the Onlypult.com Service. In all circumstances, the Licensor’s total liability is limited to the cost of the paid Tariff plan, but not more than 5,000 (five thousand) rubles, and is assigned to him if there is a fault in his actions.
By accepting the terms of this Agreement by accepting an offer, the Licensee guarantees that: (a) indicated reliable information upon registration as a User of the Onlypult.com Service; (b) fully acquainted with the terms of this public offer, fully understands the subject of the offer and the terms of the Agreement, fully understands the significance and consequences of their actions with respect to the conclusion and execution of the Agreement; (c) has all the rights and powers necessary to conclude and execute the Agreement; (d) posting (publication), as well as materials (their content) that are not violated and do not entail violation of any rights of third parties and current legislation, in this connection, the Licensee accepts obligations and is responsible in accordance with the current legislation of the place of registration of the Licensor.
This Agreement is recognized as an offer and consists of the acceptance of this offer, does not require bilateral signing and is valid electronically.
This offer is considered accepted (acceptance of the offer) by the Licensee in the event of one of the following acts:
23.1. Registration in the Onlypult.com Service, in cases when using all the functionality the Onlypult.com Service is free for 7 days within the Tariff plan “Start” (Demo license).
23.2. Payment of License fee for granting the rights to use the Onlypult.com Service according to the chosen Tariff Plan and the Accounting period (Commercial license);
The place of conclusion of the Agreement is the place of granting to the Licensee the right to use the Onlypult.com Service (implementation of the License agreement).
This Agreement shall enter into force upon the acceptance of the offer by the Licensee in the form of payment of the selected Tariff plan and the Accounting Period or the entry of credentials under the Demo License and shall be valid: (a) until the Licensor fulfills its obligations to provide the Commercial License in the amount corresponding to the Tariff plan, or (b) until the end of the period of use of the Demo License, or (c) until termination of the Agreement by agreement of the Parties or on other grounds.
The term of this Agreement shall be prolonged for each subsequent period indicated in the terms of the Tariff Plan in accordance with the Accounting Period with appropriate payment by the Licensee.
The Parties agreed that the Licensor maintains the relevance of this offer by publishing changes on the site onlypult.com/license_agreement for acquaintance of an unlimited number of persons, and the Licensee independently monitors the changes in this offer.
The Licensor shall have the right to amend this Agreement at any time without notifying the Licensee. These changes will not mean the renewal of this offer on new terms, but will only indicate the relevance of information regarding the non-exclusive license being transferred. The current version of the offer is available on the website onlypult.com/license_agreement.
A Licensee who has not expressed a desire to terminate the Agreement and has continued to use the Onlypult.com Service, is considered to have accepted the amendments to the Agreement.
The Licensee may at any time unilaterally terminate this Agreement by sending a message to the address [email protected] or to the online support window for Licensor with a request to delete his Onlypult-account.
The Agreement is considered terminated from the moment of removal of Licensee’s Onlypult-account. The Parties understand and agree that termination of this Agreement will automatically entail termination of the User Agreement.
Since the removal of the Onlypult-account, all Licenses granted to the Licensee are canceled.
This Agreement, the Tariff Plan and the User Agreement are the legal documents of the Licensor. The current version of each of these documents is available on the website onlypult.com.
Termination of the term of the Agreement on any grounds does not relieve the Parties of responsibility for violations of the terms of the Agreement that have arisen during the period of its validity.
In the event that any of the terms of this Agreement becomes invalid, it will be declared illegal or will be excluded from this Agreement, this does not entail the invalidity of the remaining terms of this Agreement, which remain legally effective and, subject to the necessary changes, are binding on all Parties.
All disputes between the parties are resolved by negotiation and forwarding of claims (by registered mail with a notice of delivery). In case of disputes in court, the dispute is considered at the place where Licensee is granted the right to use the Onlypult.com Service. Applicable law will be the right place of registration of the Licensor.
This Agreement is made in Russian and translated for convenience into English, French, Italian, Spanish, Portuguese and German. In case of divergence of the translation and the original text, the version in Russian will prevail.