Public Offer Mobile ArmFriend App
This offer (hereinafter - «Offer») is an official offer of the Limited Liability Company «TOPFRIEND», hereinafter referred to as «Service Provider», addressed to individuals and containing all essential conditions of rendering services by the Service Provider.
1.1. For the purposes of this document, the following terms have the following meanings:
1.1.1. PERFORMER - Limited Liability Company «TOPFRIEND», Entity number 1147746617094 Tax number 7701397460, registered in the Russian Federation.
1.1.2. REPRESENTATIVE OF AN SERVICE PROVIDER - an authorized natural person representing the Service Provider on any issues related to the provision of services. Unless otherwise specified, the Executive Director shall be recognized as the representative of the Service Provider for the purposes of this Offer.
1.1.3. CONTRACT - any contract between the User and the Service Provider, which is concluded through the Acceptance of this Offer.
1.1.4. OFFER - this offer of services on the website https://armfriend.ru/ and in all related services and is an offer in the sense of Article 435 of the Civil Code of the Russian Federation.
1.1.5. ACCEPTANCE - full and unconditional acceptance by the User of this Offer, made by payment of the Services of the Service Provider.
1.1.6. SITE - site including all pages, sub-sites, subdomains, located in the Internet at addresses in the domain https://armfriend.ru/.
1.1.8. SERVICE (Services) - reimbursable and non-reimbursable services of the Service Provider, as well as other reimbursable and non-reimbursable services rendered to the User in the manner and in accordance with the provisions of this Offer, including, but not limited to, services on access to the specialized ArmFriend social network, as well as information and other services rendered by the User Service Provider in order to ensure accessibility and operation of the ArmFriend social network.
1.1.9. SOCIAL NETWORK - a specialized website providing the User with access to data of other Users, including information about the User’s name or alias, geolocation and data, images, short text notes, independently and voluntarily placed in public access by other Users, as well as the possibility of exchange of messages with other Users.
1.1.10. SERVICE, ArmFriend - https://armfriend.ru/, all subscriptions to the https://armfriend.ru/ site and applications (including mobile devices) developed by the Service Provider and/or commissioned by the Service Provider, providing the opportunity to provide services to the User, as well as closed information access and messaging systems, accessible only to Users and inaccessible to third parties.
1.1.11. PERIOD - period of rendering paid Services to the User. Unless specified otherwise, the Period is equal to 1 (one) calendar month.
2. COST AND DELIVERY OF SERVICES
2.1. The Service Provider renders access to the Service free of charge.
2.2. At the User’s sole discretion, the Service Provider also has the right to provide additional paid services to the User, including:
2.2.1. VIP-subscription to the Service, allowing to use the extended functionality of the Service, including, but not limited to, unlimited number of messages to other Users during a certain period of time (Subscription period). The end of the VIP subscription period automatically terminates the User’s access to the Service’s extended functionality. The subscription fee is:
2.2.3. The User can alternatively purchase points (credits), the use of which is possible within the Service for temporary extension of the Service functionality. The cost of purchasing points (credits) is:
2.2.4. The User can alternatively purchase of one-time service to promote the User’s account in ArmFriend, called Boost. The cost of the Service is 99 rubles.
2.3. In order to render the Services to the User, the Service Provider may use third-party services, including payment processing services, without prior consent of the User.
2.4. User can cancel subscription at any time. In case of cancellation of the purchased subscription, no refund is made for the current subscription period (or calendar month). The extended subscription functionality is granted to the Account until the end of this period. The subscription is then cancelled.
2.5. When paying for the Services of the Service Provider, the User understands that the payment of such Services does not make the User a co-founder of the Service Provider, a co-owner of the equipment used by the Service Provider, does not guarantee any benefit to the User in monetary or non-monetary form.
2.6. As part of the provision of the Services, the Service Provider shall, until the end of the subscription period, inform the User of the expiry of the subscription period, as well as the possibility of extending the period of rendering the paid Services.
2.7. Payment for paid services of the Service Provider shall be made by the User to the Service Provider’s account in the amount of full payment for not less than 1 (one) period not later than on the day of the beginning of such period. After the expiration of the Subscription Period, the subscription is automatically extended for the next similar Period unless the User promptly cancels the subscription.
2.8. The Services are deemed to have been rendered at the moment of the User’s access to the Service. The Service Provider does not guarantee to the User the receipt of profit by the User, and also the protection of the User from losses in connection with rendering Services to the User.
2.9. The Service Provider, when rendering Services to the User, has the right to involve third persons as co-executors without the consent of the User.
2.10. The cost of services specified in para. 2.2. of this Offer may be changed unilaterally by the Service Provider. The Service Provider, no later than 10 (ten) calendar days prior to the change in the cost of services, shall notify the User by e-mail or by any other lawful means allowing to confirm the sending of such a message. In case of disagreement of the User with the change of the cost of services, it has the right to refuse the Services of the Service Provider, having informed the Service Provider about it within 5 (five) calendar days from the day of receiving the notification.
3. APPLICABLE LAW AND LIABILITY OF THE PARTIES
3.1. The law of the Russian Federation shall apply to the relations of the Parties resulting from this Offer. The Parties shall be liable for non-performance or improper performance of obligations in accordance with the current legislation of the Russian Federation.
3.2. In case of violation by the User of the terms of payment of the Services provided for in section 2 of this Offer, the Service Provider has the right to suspend the provision of the Services (a) in particular, to terminate the User’s access to the Service or to a separate functionality of the Service) Until payment is received, including penalties and (or) (b) to refuse to render to the User of Services unilaterally with further prohibition of the User to use Services of the Service Provider regardless of payment of the corresponding price of Services and amounts of penalties or without such. Suspension of rendering of the Services and (or) unilateral refusal of rendering of the Services to the User by the Service Provider shall not relieve the User from the obligation to pay the amount of debt and amount of forfeiture. In case of unilateral refusal by the Service Provider from rendering Services to the User on the grounds specified in this paragraph, the money previously paid by the User to the Service Provider shall not be refunded, but shall be compensation of expenses of the Service Provider.
3.3. In case the User provides false documents identifying the User, in particular as a person entitled to use the Services of the Service Provider, the Service Provider shall have the right to refuse to render Services to the User unilaterally with further prohibition of the User to use Services of the Service Provider, and to declare the forgery of the submitted documents to third parties. In case of unilateral refusal of the Service Provider to render Services to the User (on the grounds specified in this paragraph), the money previously paid by the User to the Service Provider are not subject to refund, and are compensation of expenses of the Service Provider.
3.4. The User may not provide access to the Services to third parties without the Service Provider’s prior written consent. In case of violation of the above conditions, the Service Provider shall have the right to refuse to render Services to the User unilaterally with further prohibition of the User to use Services of the Service Provider.
4.1. Disputes arising from the relations settled by this Offer shall be settled by negotiation. The claims settlement procedure is mandatory. The Party receiving the claim undertakes to send a response no later than 10 (10) working days from the date of its receipt.
4.2. In the event of failure to settle the dispute in the claim procedure, or in the event of failure to respond to the claim or to respond to the claim within the period specified in paragraph 4.1 of this Offer, the dispute shall be referred to the court for resolution at the location of the respondent.
4.3. The law of the Russian Federation shall apply to the legal relations of the parties in the settlement of disputes arising out of the relations settled by this Offer. Language of the proceedings shall be Russian.
5. TERMS OF SERVICE
5.1. In order to provide the Services, the User is obliged to provide the Service Provider with his personal data, including, but not limited to, contact details, as well as to undergo the procedure of verification of personality. Verification is also possible using special software developed by third parties. The User independently and voluntarily transfers to third parties (including partners of the Service Provider) his personal data when registering the User in the Service during the installation (download) application of the Service to a mobile device and subsequent use of such an application. The Service Provider does not receive or store the information transmitted by the User to third parties
5.2. The Service Provider does not verify the legal capacity of the User and the authenticity of personal data provided by the User, nor does it create or edit text, other files and/or images created and distributed by the User. However, if the Service Provider becomes aware of the creation and distribution by the User of text, audio-video and visual materials that are contrary to the norms of applicable legislation, morality and morality, including, violate the rights of third parties, including minors, contain elements of pornography, propagate the ideology of extremism and terrorism, contain calls for suicide, information on inhuman treatment of animals, call for crime, promotes hatred or enmity against social groups on racial, religious or other grounds, as well as in other similar cases regulated in the rules and policies of Google Play and Apple AppStore services, The Service Provider has the right to unilaterally terminate the User’s access to the Service forever.
5.3. The User understands and accepts that the provision of the Service is not a guarantee of meeting certain persons, obtaining certain profit and/or access to certain information.
5.4. During the period of rendering the Services and within 1 (one) calendar year after the termination of the provision of the Services, the User shall not have the right without the consent of the Service Provider:
5.4.1. Participate in interviews, interviews with the media and other third parties on the activities of the Service Provider;
5.4.2. Manufacture products with the logo (symbolism) of the Service Provider;
5.4.3. To assess the professional and moral qualities of the Service Provider, its representatives, persons involved in activities of the Service Provider;
5.4.4. To describe, comment on factual circumstances related to the activity of the Service Provider if, in the opinion of the Service Provider, it could lead to diminishing of honor, dignity, business reputation of the Service Provider, as well as persons authorized by the Service Provider.
5.5. These Terms are complete, final, set by the Service Provider and may be changed unilaterally by the Service Provider. The changes take effect 3 (three) working days after the new version is published.
5.6. In the event of any contradictions or disagreements between the Russian and foreign language versions of these Terms, the Russian version should be given preference when interpreting and establishing the effective will of the parties.
5.7. Acceptance of this Offer is obligatory for rendering Services to the User. Refusal to accept this Offer, any changes to it that have entered into force, shall impose on the User the obligation to refuse the services of the Service Provider.
5.8. In case of any questions regarding this Offer or the need to communicate with the Service Provider for other reasons, the User is obliged to contact the Service Provider by sending an email to the address or message to the account via Telegram messenger.
6. CONFIDENTIALITY AND PERSONAL DATA
6.1. The Parties undertake not to disclose to third parties confidential information received from another Party and/or persons authorized by another Party without the express written express consent of the Disclosure Party and/or such authorized persons.
6.2. For the purposes of this Offer, the term «Confidential Information» means any information of actual or potential value due to the unknown to its third parties, not intended for wide distribution and (or) use by an unlimited number of persons, which may be transmitted by one Party to another Party, in particular, information relating to third parties, Parties' counterparts, etc. .. The disclosure of confidential information is permitted only in cases provided for by the current legislation of the Russian Federation.
6.3. User gives consent to processing of his personal data. The Service Provider shall have the right to perform the following actions (transactions) with personal data: collection and accumulation, anonymization, use, storage during the term of rendering the Services and 3 (three) years after, but not less than the statutory reporting period, clarification (updating, modification), destruction of personal data of such persons.
7. FORCE MAJEURE CIRCUMSTANCES
7.1. The Parties shall be exempted from punishment for failure to comply with their obligations under the Treaty, if the performance of the obligations was affected by circumstances of force majeure (force majeure). The term «force majeure» in the framework of this agreement refers to circumstances beyond the reasonable control of the Parties which affect the performance of the Parties' duties and which the Party cannot foresee or prevent by acting with due diligence. The circumstances of force majeure are anthropogenic. Man-made and natural disasters, strikes, accidents, including power outages, fires, floods, terrorist acts, the imposition of martial law, decisions and resolutions of the legislative or executive authorities, and other such circumstances.
7.2. The Parties shall promptly inform each other of all circumstances which may result in the inability to provide pre-agreed services and shall make a prior assessment of the impact of such circumstances on the possibility of fulfilling the terms of this Offer.
8. OTHER CONDITIONS
8.1. This Offer is accepted by the User in its entirety and «as is». The User has no right to make changes and additions to this Offer.
8.2. The Service Provider has the right to make changes and additions to this Offer. It is recommended that the user periodically check the terms of this Offer for changes. In case the User does not agree with any amendments to this Offer, such User shall terminate the Services no later than 30 (thirty) calendar days after the entry into force of such amendments.
8.3. If any of the provisions of this Offer conflict with the applicable law or the decision of a competent authorized judicial authority, such provision shall become null and void, The remaining provisions of this Offer shall remain valid and binding on the Parties.