Contract Offer (as amended on 15.11.2022)

1. General provisions

1.1. The subject of this Agreement (hereinafter referred to as "Agreement") is the relationship between Individual entrepreneur Tkachik Dmitry Mikhailovich (OGRNIP 317246800070070, TIN 245501223551) (hereinafter – "Company") and By the User, collectively referred to as the "Parties".

1.2. This Agreement is an official, public and irrevocable public offer (Clause 2 of Article 437 of the Civil Code of the Russian Federation), which sets out all the essential terms of the Company's Contract to any person to conclude an Agreement on the terms specified therein.

1.3. In case of agreement with the terms of this Agreement (Acceptance), the Agreement is considered concluded from the moment of commission by the relevant person (hereinafter – "The User " or "Licensee") of all necessary actions specified in this Agreement, and means his unconditional and unconditional agreement with all the specified terms and Annexes to the Agreement and their new versions.

Such Acceptance is considered to be the User's specific actions in the form of Registration and payment by the User of an invoice issued and sent to his address (or, in the case of Registration already completed, only payment). From the moment of such Acceptance and payment of the invoice, the Agreement is considered concluded, and the User acquires the rights and obligations provided for in this Agreement. The date of acceptance is the date of registration on the official Website of the Company or the Partner's website or payment of an invoice indicating the order number created on the official Website of the Company or the Partner's website.

If the User has been registered on the Site through a Partner, or is registered on the Site to receive a free Program and/or for the period of its testing, then from the moment of registration and/or the start of using the Program, the Agreement is considered concluded, and the User acquires the rights and obligations provided for in this Agreement.

1.4. This Agreement regulates legal relations for granting the User non-exclusive rights to use the Program located at maurisweb.ru (hereinafter referred to as the "Site"), as well as subscriptions to updates, Program rental services and other goods/services posted on the Site.

The "Copyright Holder" grants the User the specified rights to the Program. The Company directly provides/provides the User with goods/services.

The specific list and volume of goods/services that the User has the right to demand from the Company during the relevant period are indicated in the goods/services selected by the User on the website maurisweb.ru and/or this Agreement.

1.5. The right to use the Program, subscribe to updates, rent the Program and other goods/services is granted to the User for the period specified in the Order and invoice issued by the User.

2. The main terms used in the Contract

2.1. The following terms are used in this Agreement:

"Program Rental" – the opportunity/right of the Licensee to obtain a non-exclusive license for a fixed fee for a certain period to use the Program specified in the Order, pay for it according to the invoice/invoices and receive updates without additional charge.

"Program rental with subsequent purchase" – the opportunity / right of the Licensee to obtain a non-exclusive license for a fixed fee for a certain period to use the Program, with the total amount of remuneration specified in the Order, to pay it according to the invoice / invoices and after the expiration of the period to obtain the rights.

"Website" is an Internet resource accessible through a single Domain.

"Domain" is a unique alphanumeric-symbolic designation designed to identify a resource on the Internet.

"Order" - the Program selected by the User on the Website, subscription for updates, rental of the Program and (or) other goods/services to order from the Company. Each Order has its own unique number assigned upon receipt of the Order and the associated invoice/invoices, where the terms of its payment are indicated.

"Use of the Program" - any actions related to the functioning of the Program in accordance with its purpose.

"Confidential information" - the contents of the Program (source code), all copies of the Program and all derivative works related to the Program, including, but not limited to, all updates, modifications.

"License for an additional showcase" is an unlimited right to use the Program on one Domain in excess of the number of Domains specified when purchasing a Full license, provided by the copyright holder to the User.

"Partner" is a representative of the Company who has official rights from the Company to sell the rights to the Program.

"Software Package" - several Programs that are included in the assembly to solve a set of tasks, as part of the package update, the User receives Software updates and new Programs that are added to the software package as part of the subscription update service for a certain period.

"Payment system of the Company" - any of the electronic payment systems in which the Company is registered and which is offered for payment on the official Website of the Company.

"Subscription for updates" - the User's ability/right to receive updates to the purchased Program for a certain fee during the specified period, if they are released during this period.

"Full license" is an unlimited right to Use the Program (one copy) on one Server, provided by the copyright holder to the User.

"User" or "Licensee" is an individual, an individual entrepreneur or a legal entity that acquired the right by accepting this Agreement (including by going through the Registration procedure) and is a party to the Contract with the Company.

The "Copyright holder" or "Licensor" is an individual entrepreneur Dmitry Mikhailovich Tkachik (OGRNIP 317246800070070, TIN 245501223551) or a person (persons) who has the exclusive right to the Program and/or a person (persons) who lawfully possesses in the relevant territory all the necessary amount of rights to use the Program, which is provided to the User by this Agreement.

"Program" means a computer program/software (both as a whole and its components), which is a collection of data and commands presented in an objective form, including the source text, database, audiovisual works included by the Copyright Holder in the specified computer program.

"Registration" - is carried out by filling out the registration form by the User located on the Website and sending it. The result of Registration is the possibility of creating an Order and sending /receiving an invoice for payment, or payment details.

"Revision" is the version of the software intended for a specific edition of CS-Cart.

"Website" - a set of graphic and informational materials, as well as computer programs and databases that ensure their availability on the Internet at a network address maurisweb.ru , maurisweb.store, maurisweb.shop, zapasexpress.ru , cs-cart-multi-vendor.ru , mwdevelopers.ru

The "server" is the hardware and software complex of the User on which the Program is installed.

3. The cost and payment procedure of remuneration

3.1. The Company grants the User the rights to a Full license and / or a License for an additional showcase and other services only after the User pays the remuneration, the amount of which is specified in the Order placed on the Official website of the Company, or through a Partner.

3.2. Payment of remuneration is made by the User through the Company's Payment System or by direct bank transfer to the Company's bank account on the basis of an invoice issued by the Company, no later than 5 (five) business days from the date of issuing the corresponding invoice. The obligation to pay is considered fulfilled at the time of crediting funds to the Company's current account.

3.3. The amount of remuneration for the rights to the Program is not subject to VAT in accordance with Clause 26, clause 2, Article 149 of the Tax Code of the Russian Federation.

4. Rights and obligations

4.1. The Company has the right to:

- use the information received from the User to improve the Program, including to inform the User about the improvements made, updates;

- provide the User with notifications that a copy of the Program is counterfeit and is used without a Full license and/or a License for an additional showcase;

- to involve third parties (Partners) to provide Services to Users without the consent of the User and without prior notification of the User;

- register the User's registration record on the Company's Website based on the contact data received from the Partner;

- issue a check, both on behalf of the Company and on behalf of the Company's Payment System.

4.2. The Company undertakes to:

- provide the User with a Full license and/or a License for an additional showcase, subject to the User's compliance with all the terms of this Agreement, no later than 10 (ten) working days after its full payment by sending the Company to the email address specified by the User, a message (letter), license activation key or activation on the server By the user;

- provide the User with subscription services for updates, Program rental services and/or other goods/services posted on the Site. The payment term, the term of service provision and other conditions are specified in the invoice/invoices in accordance with the Order;

- when the User orders a test License for the Program, grant the User the rights to the Program for a period of no more than 30 (thirty) calendar days. After which, the Program will be automatically deleted from the User's server without prior notice.

- when the User orders a lease/subscription of the rights to the Program, if the User has not paid the renewal bill within 5 (five) working days, this Program will be disabled and after 10 (ten) calendar days will be removed from the User's Website.

4.3. The User undertakes to:

- be responsible for the safety and security of information about your account (registration record) on the Site, as well as for actions carried out within the Site under such an account (registration record). The user independently ensures the confidentiality of the credentials. It is prohibited to disclose and transfer your credentials to third parties, as well as to use the credentials of other Users. Within the framework of this Agreement, it is assumed that actions performed from the User's account (registration record) on the Site are recognized as actions of the User directly;

- immediately notify the Company of any unauthorized access to his account (registration record) on the Site and/or any other security breach.

- provide the Company with complete and reliable information about yourself in order to identify the User and provide him with rights, services;

- use the Program only in the way specified in this Agreement;

- to pay remuneration to the Company in full and within the time specified in the invoice;

- not to use the updates of the Program and/ or the Program of such versions that were released by the Copyright Holder before the acquisition of the Full License by the User, as well as after the expiration of the license updates, if any, from the date of acquisition by the User of the Full license, if for such a Full license the User has not acquired an additional right to use these updates of the Program and new versions of the Program, or the validity period of such a right has expired;

- immediately inform the Company about any (full or partial) unauthorized use of the Program by a third party;

- not to transfer to third parties the rights granted to him by the Company under this Agreement;

- not to violate the requirements of the current legislation, as well as generally accepted norms of morality and morality when interacting with the Company under this Agreement.

4.4. The user does not have the right to:

- make copies of the Program and allow third parties to copy the Program without purchasing a separate Full license;

- make the Program available on a larger number of Domains than was stated when purchasing a Full License, if the corresponding number of Licenses was not purchased for them;

- extract, isolate or use any component parts of the Program to create any materials Derived from the Program, as well as to allow the possibility of their creation by a third party;

- to sell, pledge, license, sublicense, lease, lease and temporary use, assign and otherwise transfer (by sale, exchange, donation, as a result of law or otherwise) the Program, any copies of the Program (or any part thereof) and other rights to them, in whole or in part, to third parties without the prior written consent of the Copyright Holder;

- modify, delete, hide, obscure any warnings and notices about copyrights, patents, trademarks, trade secrets, as well as other notices about intellectual property from any part of the Program without the prior written consent of the Copyright Holder;

- prevent the Copyright Holder from receiving information about the use of the Program;

- use the Program upon termination of the Test License;

- The User is prohibited from deleting or modifying the part of the source code of the Program that verifies the authenticity of the Program and reveals whether there is a Trial License or a Full license.

4.5. The User has the right to change the domain or transfer rights to another User only by sending an official letter to the Company indicating the User's registration data, e-mail, the domain of both Users and the reasons for the transfer of rights.

In this case, the old license key/keys are blocked and new ones are issued for the registration data of the new User.

4.6. The User understands and acknowledges that the inconsistency of the result of the provision of a particular Service with the result that the User wanted to receive when applying for the relevant Service is not in itself a fact of the provision of Services of inadequate quality.

5. Confirmation of receipt of rights and the fact of provision of services

5.1. To activate the Program on the Domain specified in the Order, the User must pass the confirmation of ownership of the specified Domain.

5.2. The Company and the User do not sign acts. The fact of transfer of the rights to the Program and confirmation of the quality of the goods provided, services rendered is the payment and absence of a claim sent to the Company by sending an email to sales@maurisweb.ru within 5 (five) business days

- from the date of granting the rights (sending the license activation key by the Company to the User's email address)

and (or)

- from the date of provision of services.

5.3. If it is necessary to issue paper copies of the Act, the User sends a corresponding request to the Company by sending an email to sales@maurisweb.ru indicating the Order number for which the Act is required.

The issued Acts are sent by Russian post by registered letter with notification or by courier service.

The User is obliged to sign the Acts and, within 5 (five) working days from the date of their receipt, send one copy of the Act to the Company by Russian post by registered mail with a notification or courier service.

If the Company does not receive a copy of the Act signed by the User or reasoned written objections within the prescribed period, the said Act is considered signed by the User, and the rights/goods/services are considered granted/rendered without claims.

6. Exclusive rights

6.1. The Company confirms that

- has a non-exclusive license for the Program;

- The Company owns the exclusive right to its own registered trademarks;

- the Company has all the necessary rights to conclude this Agreement with the Copyright Holders;

- the use of the Program will not violate the rights of third parties to intellectual property.

7. Privacy and personal data

7.1. The User undertakes not to disclose Confidential Information, to protect and prevent unauthorized disclosure of Confidential Information and to take appropriate measures to protect Confidential Information.

7.2. The Company and the User guarantee the confidentiality of all information (oral or written) concerning the business of the other party, with the exception of information that is already available to the public.

7.3. If Confidential Information becomes available to third parties through the User's fault without the written consent of the Company, the User undertakes to compensate all losses incurred by the Company as a result of this.

7.4. The Company guarantees that the personal data and other private information provided by the User pursuant to this Agreement will be used by the Company solely for the purpose of fulfilling this Agreement. Such information is not subject to transfer to any third parties, except in cases established by the current legislation of the Russian Federation.

By entering into this Agreement, the User grants the Company the right to process (including, but not limited to: collection, systematization, accumulation, storage, clarification, updating, modification, use, internal transfer, depersonalization, blocking, destruction of User's personal data, as well as processing of statistical information and conducting marketing research) their personal data, administrators' data (including those obtained via the API), client data and other private information in any way that does not contradict the current Russian legislation (including without the use of automation tools) in order to fulfill their contractual obligations.

7.5. The personal data specified in clauses 7.4, 7.8, 7.9, 7.10 of this Agreement may be processed for the following purposes:

- conclusion/execution/extension/termination of the Contract;

- receiving services/information/materials;

- User identification;

- improvement of the quality of services, convenience of their use, development of new services, products, services;

- protection and storage of confidential information (including personal data), including in electronic form;

- getting access to the services, information and/or materials contained on the Site;

- promotion on the market of services (goods, works) The Company by making direct contacts with the User through the use of telephone, fax, mobile radiotelephone communication, electronic means of communication (including e-mail), as well as postal and other means of communication;

- maintenance of statistics and accounting of information, accounting and formation of generalized depersonalized data about social groups registered on the Site.

7.6. The User agrees to receive messages, including those containing advertising, to the email address (e-mail), messengers and social networks specified during Registration and /or after the conclusion of the Contract – In Contact, WhatsApp, Viber, Facebook, Telegram and / or mobile phone number.

7.7. The User's consent to the use of personal data is indefinite. The User has the right to withdraw his consent by sending a corresponding application to the Company at least 30 (thirty) calendar days before the expected date of termination of processing.

7.8 List of personal data for issuing / verifying a licensor's license: "addon_id" = module id, "addon_version" = module version, "license_addon" = module license key, "product_name" = Maurisweb product, "product_version" => cscart version, "product_build" => cscart build, "product_edition" => build version (ULTIMATE, MULTIVENDOR), "lang_code" => current language, "main_domain" => domain, "purchase" => from whom purchased, "php_version" =>php version, "mysql_version" =>database version, "admins" =>; list of administrators, "license_number" => cscart license key, "storefronts" => storefronts, "products_count" => number of products

7.9 List of personal data for issuing/ verifying a license for the maurisweb_sendsay module: login = Account login, api_key = subuser token, install_date = Module installation date, stat = General account statistics, dt =gt; date (YYYY-MM-DD), tarif => tariff code for this date, emails => number of addresses in the database, phones => number of phones in the database, csids => number of user ids in the database, pushes => number of webpush subscriptions in the database, vks => number of VKontakte subscriptions in the database, vibers => number of vibers in the database, tgs => number of Telegram subscriptions in the database, active_emails => number of addresses able to participate in mailing lists, active_phones => number of phones able to participate in mailing lists, active_csids => number of user ids able to participate in mailing lists, active_pushs=> number of web push subscriptions able to participate in newsletters, active_vks => number of VKontakte subscriptions able to participate in newsletters, active_vibers => number of vibers able to participate in newsletters, active_tgs => the number of Telegram subscriptions able to participate in mailing lists, locked => unique number of blocked - cannot be in the mailing list, stoplist => including blocked because they are in the stop list, lockconfirm => including blocked because they have not confirmed entry into the database, hardbounce => including blocked because they have fatal delivery errors, lockunsub => including blocked because they unsubscribed, domain_list => list of connected domains, sub_users => User data, sublogin => user sablogin, status =>; "-1 - waiting for password change |0 - active | 1 - blocked", email = sablogin's address, name =sablogin's name, role.id=role id, role.name => role name, nba_valid => 0/1 - the interval of action not_before/after has come (1), has passed/has not started (0), total => Number of subscribers, total => total subscribers, active => number of subscribers who can participate in mailing letters or sms, locked => unique number of blocked - cannot be in the mailing list, locked.unsubscribed => including those blocked because they unsubscribed, locked.confirm => including those blocked because they did not confirm their entry into the database, locked.stoplist => including those blocked because they are in the stop list, locked.hardbounded => including blocked ones because they have fatal delivery errors.

7.10 The Privacy and Personal Data Processing Policy (hereinafter referred to as the "Policy") is an integral part of this Agreement. Upon acceptance of this Agreement, the User confirms that he has read and agrees with all the terms of the Policy. The current version of the Policy is available at: https://maurisweb.ru/keysy/yuridicheskie-dokumenty/politika-konfidencialnosti-ru

8. Guarantees and limitations

8.1. The Program is provided on an "AS IS" basis, with all possible malfunctions and in the form in which it exists at the time the User pays the Company's remuneration.

8.2. Under no circumstances does the Company provide any guarantees regarding the error-free and uninterrupted operation of the Program, nor does it guarantee that the Program will adequately meet the needs of the User and waives any other guarantees to the extent permitted by applicable law.

8.3. In case of violation / termination by the User of remuneration payments for the rental of the Program with subsequent redemption, the previously paid funds will not be refunded, and the license will be canceled.

8.4. The Company interacts within the framework of this Agreement only upon requests from the email addresses of Users registered on the Company's Website.

9. Responsibility

9.1. All risk arising in connection with the use of the Program or work with it falls on the User, including the risk of not receiving the expected profit from using the Program, the risk of software failure after installing the Program, etc.

9.2. Under no circumstances will the Company be liable to the User for any losses (including, but not limited to, the above, lost profits, loss of confidential or other information, losses caused by interruption of business activities and loss of profit, business reputation or any data, lost commercial opportunities, loss of turnover, special, accidental, indirect, indirect or punitive losses and damages, DDOS attacks, power outage or licensing servers, communication outage, server breakdowns), arising in connection with the use of the Program or the inability to Use the Program, as well as in the process of providing services.

9.3. Under no circumstances will the Company be liable to the User for any losses, including if, when deleting the Program, any data on the User's Website is lost or its operability is disrupted, incompatibility of versions of Programs installed by the User, incompatibility of third-party Programs, changes to the Program code.

9.4. If the legislation of the User's country does not allow limitation of liability or the Company's liability is established by a relevant decision of a competent court, the Company will be liable only for real damage suffered by the User from the Use of the Program and/ or Services, if such damage is caused by the Company's culpable actions, or if the damage occurred due to reasons that The company knew or should have known. At the same time, the maximum amount of the Company's liability is limited to the amount of remuneration paid by the User for one Full License and/or for the service provided.

10. The term of the Contract and its termination

10.1. The Agreement comes into force from the moment of fulfillment of all the conditions provided for in this Agreement and is valid indefinitely or until its termination.

10.2. The Agreement is terminated, and the Full License and/or the License for an additional showcase terminates immediately at the moment of violation by the User of any of the terms of this Agreement without additional notice from the Company, while the User undertakes to immediately delete the Program, all its copies, modifications, upgrades and materials Derived from the Program.

10.3. The Company has the right to suspend the License, terminate the Contract or refuse service if the User specified incorrect personal data during registration that does not allow him to identify or confirm his Domain ownership.

10.4. In case of unilateral termination of the provision of services, the Company or the User is obliged to notify the other party of the termination by sending a notification indicating the Order number to the agreed email addresses. Company Address - sales@maurisweb.ru , the User's address is the email address specified during registration on the Site.

The Parties make a reconciliation of mutual settlements 5 (five) working days before the expected date of termination of the Contract and record the results in the Reconciliation Report.

10.5. The User has the right to cancel the Full License and/or the License for an additional showcase at any time by terminating the Contract and deleting the Program, all its copies, modifications, upgrades and Materials Derived from the Program, and sending a corresponding notification to the Company. The Contract will be considered terminated from the moment the Company receives the User's notification.

10.6. In all cases, upon termination of this Agreement regarding the granting of rights to the Program and termination of the Full License and /or License and additional showcase, the Licenses granted to the User for the Programs are terminated, and the recalculation and refund of remuneration is not made. The User has no right to demand a refund of the remuneration paid to the Company.

11. Force majeure circumstances

11.1. Neither Party is liable for breach of obligations resulting from unforeseen circumstances, such as fire, strikes, insurrection or riots, embargoes, disasters, delays in transportation, directives of civil or military authorities.

11.2. Each of the Parties agrees to immediately inform the other party about force majeure circumstances. Such a message should contain detailed information about what caused them.

11.3. If non-compliance with the rules by one party due to force majeure lasts more than 4 (four) weeks, then the other party has the right to terminate this Agreement by sending the other party an e-mail notification of termination of this Agreement. Neither Party has any obligations to the other party upon termination of the Contract as a result of force majeure.

12. DISPUTE RESOLUTION PROCEDURE

12.1. The User acknowledges that the Company may suffer damage if the terms of this Agreement are not complied with, and therefore the User agrees that the Company is entitled to use any form of protection of its violated rights and legitimate interests, including such a form as a direct appeal to the appropriate court without compliance with the claim procedure.

12.2. The Parties undertake to make every effort to resolve disputes and disagreements that may result from this Agreement or related to it through negotiations. All disputes, disagreements or claims arising out of or in connection with the Contract are subject to settlement by the Parties through negotiations. In the absence of consent, the dispute between the Parties is subject to consideration in accordance with clause 12.3. of this Agreement.

12.3. All disputes arising from the substance of this Agreement or related to it, its interpretation, execution, termination, termination and claims of its invalidity in all cases are referred to the Arbitration Court of the city of Krasnoyarsk or the relevant court on the territory of the Russian Federation (competent court) at the location of the copyright holder. If the User is a legal entity or an individual entrepreneur registered outside the Russian Federation, all disputes arising from the substance of this Agreement or related to it, its interpretation, execution, termination, termination and claims of its invalidity in all cases will be resolved by arbitration in accordance with the Rules of the International Commercial Arbitration Court at the Commercial Court of-the Chamber of Industry of the Russian Federation (hereinafter - "Regulations", http://mkas.tpprf.ru/ru/reglamentmkas.php ), the Rules of which are considered to be included in the text of this Agreement by reference to this paragraph. The Arbitration Commission consists of 1 (one) arbitrator selected in accordance with the Rules. The language used in the arbitration process is Russian. The Contract regulating the legislation is the substantive law of the Russian Federation. The court session will be held in Moscow, Russian Federation. An interim measure in respect of the subject matter of the dispute can only be the suspension of the recovery of an enforcement or other document disputed by the plaintiff, the recovery of which is carried out in an indisputable (non-acceptance) manner. All costs of arbitration proceedings are paid in accordance with the Rules. The award rendered will be final and binding on both Parties, and the award may be enforced in any competent court.

13. Final provisions

13.1. This Agreement is valid throughout the world.

13.2. This Agreement has been drawn up taking into account the current legislation of the Russian Federation. The law applicable to the interpretation of this Agreement, as well as all relations arising from the substance of this Agreement, is the substantive and procedural law of the Russian Federation.

13.3. If any provision of this Agreement is declared invalid or inappropriate for application by a court or other competent authority, this does not entail the invalidity of the Agreement as a whole and/or the remaining provisions of the Agreement.

13.4. The User confirms that prior to payment of the remuneration, the User has read this Agreement, understands it fully and agrees to comply with all its terms.

13.5. The Parties undertake during the entire term of this Agreement and 2 (two) years from the date of its termination to ensure the confidentiality of information about its terms, as well as any information about Programs received or made known to the Parties in connection with the conclusion and execution of this Agreement.

13.6. In all matters not regulated by this Agreement, the Parties shall be guided by the current legislation of the Russian Federation, unless otherwise expressly provided by this Agreement.

13.7. The Parties recognize the legal force of the documents sent by electronic communication.

Documents originating from the Company will be considered completed in proper written form if they are sent from email addresses info@maurisweb.ru and/or sales@maurisweb.ru , and/or webmaster@maurisweb.ru .

The documents coming from the User will be considered completed in proper written form if they are sent from the e-mail address provided by the User to the Company in accordance with this Agreement.

Correspondence will be considered to be sent to the appropriate address if it is sent to the above e-mail addresses.

13.8. The Company has the right to unilaterally amend this Agreement at any time without any special prior notice or agreement, and the User undertakes to accept such changes.

13.9. All changes to this Agreement are published in open access on the Internet on the website at maurisweb.ru . This Agreement or its new version comes into force from the moment it is published on the Internet on the website at maurisweb.ru .

13.10. This Agreement is drawn up in Russian in two copies having the same legal force.

14. Address and bank details of the Company

Company: Individual entrepreneur Dmitry Mikhailovich Tkachik

Location address: 78 Karl Marx Street, building B, office 407, Krasnoyarsk Krai, 660017, Russia,

OGRNIP 317246800070070,

TIN 245501223551,

P/s: 40802810306500000860 at THE POINT OF PJSC BANK "FC OTKRITIE" City: MOSCOW

To/from: 30101810845250000999

BIC: 044525999

Phone number: +7 923 364 90 07

Email: info@maurisweb.ru