This User Agreement (hereinafter - the Agreement) governs the relationship between Malivar LLC (Primary State Registration Number: 1186658071830, Taxpayer Identification Number: 6633027184), hereinafter referred to as the Company, and you, hereinafter referred to as the User, regarding the utilization of photo and video image processing tools (hereinafter - the Service) that are provided at https://malivar.io on the following terms:
The User agrees that any utilization of the Service without authorization/signup registration on the Service, or authorization/signup registration on the Service and proceeding to the creation of photo/video implies that the User fully agrees with the terms hereof as amended and valid at the time of the actual utilization of the Service, with no reservations or exceptions.
If the User does not agree with any of the provisions hereof, the User shall not have the right to use the Service.
1. Terms and Definitions
1.1. Service means the internet resources of Malivar at https://malivar.io, including all its levels (hereinafter - the Site) that the User may access through the website and its mobile version.
1.2. Photo and Video Content means photos and videos created by the User and generated and/or modified by the Service using artificial neural network.
1.3. User means an individual with legal capacity to use the Service (with or without authorization/signup registration on the Service) and ability to create his/her own Photo and Video Content.
1.4. Account is a set of secure pages of the Service created after the User's signup registration on the Service, through which the User can use the Service functions to the extent and under the terms hereof. Access to the Account is provided using the User's credentials (email address and password) specified by the User when registering on the Service.
2. Subject of the Agreement
2.1. The Company offers and provides the User with the functions for creating Photo and Video Content. The Service free trial period is provided to the User for a period and to the extent determined by the Company. When the trial period and/or the Service provided by the Company are depleted, the User can use paid access according to the paid access terms and conditions.
2.2. The User shall use the Service exclusively for legal, legitimate and acceptable purposes. To avoid any doubt, when using the Service, the User is forbidden to:
- bypass the technical restrictions imposed by the Service - inspect the processes, decompile or disassemble the Service, except for cases when it is expressly required by the legislation of the Russian Federation - copy the Service, including its design - modify the Service in any way
- take actions that may cause disruption or failure in the operation of the Service, and actions aimed at increasing the number of views of the Content, including, but not limited to, through the automation of impressions and clicks.
3. Service Utilization Modalities
3.1. The Company provides the User with a free trial period enabling the User to create Photo and Video Content for the User's own use, to save the Content to a computer, and to share it on social networks to the extent determined by the Company.
3.2. The User has the right to register on the Service and create his/her own Account by entering his/her email address and password in the appropriate fields of the signup registration window.
The User's signup registration on the Service is voluntary and free.
The User's login and password are necessary and sufficient for the User's authorization on the Service and access to the Service functions that are not available to unregistered/unauthorized Users. The User is not allowed to share his/her login and password with any third party and the User bears full responsibility for their safety by deciding on his/her own how and where they should be kept.
If not proven otherwise, any actions performed using the User's login/password or the creation of the User's account on some other Internet resource, through which the User accesses the Service, are considered to be performed by the User him/herself. In case of unauthorized access to the User's login, password and/or Account, or the login and password made known to third parties, the User must immediately report the matter to the Company.
3.3. The User is allowed to use the Service only in compliance with this Agreement and only as provided by the technical capabilities of the Service.
3.4. The Company is the legal owner of the Service and owns all exclusive property and other relevant rights pertaining to the Service, including, but not limited to, the Service software, graphics, design, and database.
3.5. The User is not allowed to modify the Service content in any way and/or interfere with the Service's operation through any way that is not provided by the Company.
3.6. The User shall use the Content solely for personal, non-commercial purposes.
3.7. The Company shall make commercially reasonable efforts for the Service to function at all times, but the Company shall not be held liable if the Service is disrupted for any reason.
The Company has the right to suspend access to the Service at any time without providing notification, explanation, or reimbursement of costs/losses to the User, in particular, in the event of multiple or single breach by the User of the terms hereof, unless applicable law expressly requires otherwise.
3.8. The Company shall not be responsible for any failures and delays in the Service operation and for the possible effects thereof.
3.9. The Company provides the Service to the User "AS IS" without any additional guarantees. The Company shall not be responsible for viruses detected on the Service and for possible consequences if the User's device is infected with viruses or other malware.
3.10. The Company shall not be responsible and shall not reimburse any losses (including lost profits, moral and other harm), caused to the User or third parties through their utilization or in connection with the Service, or in any other cases provided for herein. In all circumstances, the Company's liability is limited to one thousand (1000) Russian rubles if the Company is held liable under Article 15 of the Civil Code of the Russian Federation.
3.11. The User is solely responsible for the Video Content created by him/her using the Service, including its content, and for compliance with the effective legislation of the Russian Federation, the internal policy of the Service (see Appendix 1 hereto), for breach of any third-party rights to the Video Content (including, but not limited to, copyright, intellectual property rights and/or related rights, as well as other rights protected by law). The User shall at his/her own expense reimburse any losses incurred by third parties or the Company through such breach or other actions in connection with the utilization of the Service.
3.12. The Company does not store the Video Content created by the User and does not acquire any rights from the User. All rights to the created objects remain with the User.
4. User Data Privacy and Protection
4.1. User Data means the Service User's data obtained through his/her utilization of the Service, including his/her personal data and information entered during the User's signup registration on the Service (email address).
5. Agreement Termination
5.1. The Company reserves the right to amend this Agreement without prior notice to Users, unless applicable law expressly requires otherwise. The User shall accept that any utilization of the Service, such as viewing the Content without authorization on the Service, or authorization on the Service and proceeding to use the Service functions, mean that the User fully agrees with the terms hereof as amended and valid at the time of the actual utilization of the Service. Any amendments hereto made by the Company unilaterally enter into force on the day following the publication of such amendments at https://malivar.io/terms
The User shall keep track of such amendments hereto on his/her own. The User's failure to read this Agreement and/or amendments hereto shall not exempt the User from the requirement to fulfill his/her obligations and observe the restrictions imposed hereby.
5.2. This Agreement is deemed amended if the Company amended its terms and the User continued utilizing the Service.
5.3. This Agreement shall terminate if the Company decides to terminate it unilaterally and out of court, with immediate termination of access to the Service and its functions without reimbursement of any costs/losses, unless applicable law requires otherwise. In particular, the Company may decide to do so if the Service has to be shut down or for any other reasons.
6.1. The Service uses, inter alia, software obtained by the Company under the below (open) licenses:
6.2. By accepting this Agreement, the User also accepts the above license restrictions.
7. Other Provisions
7.1. Invalidity of one or several terms hereof instituted by a court decision enforced through an established procedure does not entail invalidity of the entire Agreement for the Parties hereof. If one or several terms hereof are invalidated through an established procedure, the Parties hereto shall fulfill obligations that must be as close as possible to those accepted by the Parties when they concluded this Agreement and/or concertedly agreed to the amendments hereto.
7.2. This Agreement, the Parties' relationship in connection herewith, and the utilization of the Service shall be governed by the legislation of the Russian Federation. Insofar as the access to the Service and its functions is provided free of charge, the provisions of Federal Law No. 2300-1 dated Feb. 07, 1992 on Consumer Rights Protection are not applicable to the Company and Users' relationship governed hereby.
7.3. This Agreement shall be concluded using the modalities based on the provisions of the Civil Code of the Russian Federation that regulate the procedures for offer-and-acceptance conclusion of agreements.
7.4. All disputes between the parties hereunder shall be resolved through correspondence and negotiations using the mandatory pre-trial (pre-action) procedure. If the Parties cannot reach agreement through negotiations within sixty (60) calendar days after the other Party receives a written complaint, the dispute shall be referred by the concerned Party to the court at the Company's location, unless applicable law requires otherwise.
7.5. For all questions regarding the utilization of the Service and the execution hereof, the User may contact the Company's support service by e-mail firstname.lastname@example.org
As amended on July 13, 2021