OFFER FOR PROVISION OF INFORMATION SERVICES

This document is an offer by IP Pesegov N.S. to enter into an Agreement for the provision of information services by subscription on the terms and conditions set out below.

1. DEFINITIONS AND TERMS

1.1. For the purposes of this document, the following terms are used in the following meaning:

Contractor — IP Pesegov N.S. OGRNIP: 316703100052571, INN 701711440923, registered as an individual entrepreneur on January 27, 2016 by the Office of the Federal Tax Service for Tomsk Oblast. Address: Tomsk. pr-kt. Development 3, providing the User with information services within the Subscription using the website my.eva.bz and eva.bz

Offer — this document "Offer for the provision of information", posted on the Internet at https://eva.bz/offer

Subscription — providing the User with the opportunity to access the eva.bz services for a fee for a limited period of time under the terms of the Agreement.

Services — services specified in clause 2.1. of the Offer, provided to the User.

User — a legally capable individual who has accepted the Offer.

Service — an information service that provides the ability to create AI assistants with a connection to popular messengers for communication on behalf of the client.

Parties — Contractor and User.

Acceptance of the Offer — full and unconditional acceptance of the Offer by the User by performing the actions specified in clause 3.2. of the Offer. Acceptance of the Offer means the conclusion of the Agreement.

Agreement — an agreement for the provision of paid information services by subscription between the User and the Contractor, which is concluded by accepting the Offer, in accordance with the terms set out in the Offer, as well as the provisions of Article 429.4 of the Civil Code of the Russian Federation (subscription agreement).

Personal account — a software interface for interaction between the User and the Contractor within the framework of the provision of Services, which contains information about the User, the Subscription purchased by the User, the User's contact information and other information necessary for the provision of services under the Subscription, available to the User after performing the actions specified in paragraph 3.2 of the Offer,

2. SUBJECT OF THE AGREEMENT

2.1. The subject of the Agreement concluded under the terms of the Offer is the provision by the Contractor to the User within the framework of the Subscription of the opportunity for a fee (hereinafter referred to as the "Subscription Cost") for a limited period of time (hereinafter referred to as the "Subscription Period") information services.

2.2. Within the framework of this agreement, the services include the creation and support of AI assistants and their integration with popular messengers, such as Telegram and WhatsApp, but not limited to them;

At the same time, the Subscription Cost does not depend on the actual number of Services rendered during the Subscription Period.

2.3. Services under the Subscription are rendered only in relation to the User's account from which the Offer Acceptance was made.

3. TERMS AND PROCEDURE FOR PROVIDING SERVICES

3.1. The text of the Offer contains all the essential terms and is an offer by the Contractor to conclude the Agreement with any fully capable individual, on the terms specified in the text of the Offer. This document is a public offer in accordance with Russian legislation.

3.2. Procedure for concluding the Agreement:

3.2.1. The User gets acquainted with the terms of the Offer, information about the Contractor, about the Services available within the Subscription, and the terms of their provision, which can be obtained within the Subscription, as well as with information about the Subscription Cost and the Subscription Period, posted in the personal account my.eva.bz.

3.2.2. The User goes through the authorization procedure.

3.2.3. The User goes through the procedure of linking a bank card and/or electronic means of payment to his Personal Account (Linked Card). For the purposes of this Offer, any bank card and/or electronic means of payment linked to the Personal Account (including those linked when registering a Subscription before or after registering it) are considered a Linked Card. The Contractor or a person authorized by him has the right to write off the amount constituting the Subscription Cost from any of the Linked Cards.

3.3.4. The User, after performing the actions specified in paragraphs 3.2.1. — 3.2.3. Offer, accepts the Offer by clicking the "Subscribe" button (or another name of the button indicating the choice of the tariff valid at the time of payment for the Subscription) and paying the Subscription Cost.

3.4. The Subscription Cost is charged for each Subscription Period specified by the User upon registration.

3.5. The Subscription Cost is paid by the User in the manner prescribed by this clause.

When specifying the details of the Linked Card and further use of the Linked Card, the User confirms and guarantees that he/she has specified accurate and complete information about a valid bank card issued in his/her name; his/her compliance with the rules of international payment systems and the requirements of the issuing bank that issued the Linked Card, including with respect to the procedure for making non-cash.

The Contractor reserves the right at any time to require the User to confirm the data specified by them in the Personal Account of the bot, including the data of the Linked Card, and to request supporting documents in this regard (in particular, identity documents), failure to provide which, at the discretion of the Contractor, may be equated to providing false information and entail the consequences provided for in paragraph 4.3.2 of this Offer.

The Subscription Cost is paid by the User through the integration of the Telegram bot and the Cloud payments payment system selected by the User during the first payment, with the Contractor being the recipient of the payment. The Contractor does not guarantee the absence of errors and failures in relation to the provision of the possibility of non-cash payment. The Contractor is not a payment agent in accordance with Russian law.

When registering a Subscription, the User agrees that each Subscription Period the Contractor has the right to charge the Subscription Cost (subscription fee) set by the Contractor on the day of payment in advance until the User refuses to renew the Subscription for the next Subscription Period.

3.6. The User understands and agrees that the Subscription is issued for an indefinite period by default from the moment of payment for the first Subscription Period. The User has the right to terminate the Subscription for the next Subscription Period in the Personal Account. In this case, access to the User's order of Services under the Subscription is terminated from the day following the last day of the paid Subscription Period. In addition, the Subscription may be terminated by the Contractor in other cases or on other grounds provided for by this Offer and the current legislation of the Russian Federation.

3.7 One day before the end of the Subscription Period, the Contractor has the right to write off funds from the Linked Card. If there are not enough funds on the Linked Card to renew the Subscription, the Contractor sends the User a notification that the payment has not been completed. If the payment has not been completed during the first write-off attempt, a second write-off attempt is made on the day the Subscription Period ends. If the second write-off attempt fails, the Subscription is terminated.

3.8. By accepting the terms of this Offer, the User agrees to the automatic periodic debiting of funds from his account to pay for the Subscription, and acknowledges that the instructions to debit funds from his account sent in accordance with this clause of the Offer are the instructions of the User himself, and the actions of the processing center and the acquiring bank aimed at debiting funds in accordance with this clause of the Offer are carried out with the consent of the User.

The debiting of funds in accordance with this clause of the Offer begins to occur automatically if the following conditions are met:

· the User enters all the necessary details of the Linked Card;

· the service for debiting funds on an automatic basis from the Linked Card is activated in the following way: automatically when making the first payment;

· clicking the "Pay" button (or another button with similar functionality), confirming the User's consent to this Offer.

3.9. By completing the Subscription, the User is deemed to have accepted the terms of the Offer, as well as the provisions of the documents referred to in this Offer, in full, without any reservations or exceptions. In the event of the User's disagreement with the provisions of the said documents, the User is obliged to terminate the Subscription.

3.10. Access to the Subscription is deemed to have been provided to the User for the Subscription Period in full from the moment the User pays for the Subscription Cost, provided that the fact of payment is reflected in the electronic payment accounting system.

The Contractor's obligations to provide the User with access to the Subscription are deemed to have been fulfilled to the User regardless of whether the User requested the corresponding performance from the Contractor during the Subscription Period, and regardless of the actual number and volume of the corresponding Services provided to the User within the Subscription Period.

4. RIGHTS AND RESPONSIBILITIES OF THE PARTIES, WARRANTIES

4.1. The Contractor undertakes to:

4.1.1. provide the User with the Services under the Subscription in a high-quality manner and within a reasonable time frame.

4.1.2. immediately inform the User of any information related to the provision of Services under the Subscription.

4.2. The User undertakes to:

4.2.1. provide the Contractor with all information, communicate the data necessary for the provision of Services by the Contractor.

4.2.2. pay the Subscription Cost in accordance with the terms of the Offer.

4.2.3. independently assess the economic risks and benefits, tax, legal, accounting consequences of concluding a transaction, their willingness and ability to accept such risks.

4.3. The Contractor has the right to:

4.3.1. request from the User additional information necessary for the provision of Services.

4.3.2. in case of violation by the User of their obligations under the Offer, suspend or terminate the provision of Services.

4.3.3. unilaterally change the Channel Rules without additional notice.

4.3.4. Access to the personal account may be provided by the Contractor to the User from the 1st day of subscription.

If during the first 30 days of subscription the User has issued a refund (unsubscribed), and subsequently issued a new subscription, the subscription period begins to be calculated anew from the moment of issuing a new subscription.

4.4. The User has the right:

4.4.1. terminate the Subscription early by sending the Contractor an application and providing the necessary data for early termination of the Subscription.

In this case, the refund is made only from the date of receipt by the Contractor of the User's application for a refund, and not from the date of the User's independent unsubscription from the service, if he/she has done so.

In accordance with the Regulation on the issue of payment cards and on transactions carried out using them, approved by the Bank of Russia dated 24.12.2004 No. 266-P, in order to return funds to a bank card, the User must send a passport of a citizen of the Russian Federation (other identity document), as well as an application drawn up in the established form to the Contractor's e-mail address eva@eva.bz.

4.5. The User guarantees that he is legally capable and has reached the age required in accordance with the legislation of the Russian Federation to conclude the transaction provided for in the Offer.

4.6. The User guarantees the accuracy of the personal information provided during registration and when making a Subscription, assumes full responsibility for its accuracy, completeness and reliability. The User assumes all possible risks associated with his actions committed with errors or inaccuracies in the personal information provided.

4.7. The User confirms that he/she has fully read and unconditionally agreed to the Offer, as well as the fact that he/she understands the provisions of the Offer and the documents to which the Offer refers.

4.8. The User gives his/her consent to receive advertising and informational messages.

5. SUBSCRIPTION COST AND PAYMENT TERMS

5.1. The Subscription Cost is indicated in the bot and includes remuneration and all expenses, costs of the Contractor related to the provision of Services under the Subscription, unless otherwise provided by the Offer.

5.2. Payment for the Subscription Cost is made by cashless payment from the Linked Card in the manner described in the Offer.

5.3. All settlements under the Agreement in accordance with the terms set forth in the Agreement are made in rubles of the Russian Federation.

6. PERSONAL DATA

6.1. The User gives their consent to the Contractor for the indefinite processing of their personal data provided when purchasing a subscription.

6.2. Processing of personal data means recording, systematization, accumulation, storage, clarification (updating, modification), retrieval, use, transfer to third parties (distribution, provision, access), including cross-border transfer to third parties, depersonalization, blocking, deletion, destruction of personal data that do not fall under special categories, the processing of which, in accordance with the current legislation of the Russian Federation, requires the written consent of the User.

6.3. Processing of personal data is carried out for the purpose of fulfilling the obligations of the Contractor under this agreement, as well as for the purpose of sending informational and advertising messages to the e-mail address specified by the User during registration. In addition, processing of personal data is carried out to improve the services of the Contractor based on the analysis of the specified information, as well as to detect, prevent, mitigate the consequences and investigate fraudulent or illegal actions in relation to the Channel and the information published in it, as an object of intellectual property rights of the Contractor.

6.4. The processing of the User's personal data is carried out by the Contractor using databases on the territory of the Russian Federation.

6.5. The User may revoke their consent to the processing of personal data at any time by sending the Contractor a corresponding notice to the address: eva@eva.bz.

6.6. The User agrees to receive newsletters and advertising materials from the Contractor, or from other persons on behalf of the Contractor, to the email address, phone number and Telegram account specified by the User upon registration in the Channel. Consent to receive newsletters and advertising materials may be revoked by the User at any time by sending the Contractor a corresponding notice to the address: eva@eva.bz

7. TERM OF THE AGREEMENT

7.1. The Agreement shall enter into force upon conclusion and shall be valid:

7.1.1. until the Parties fulfill their obligations under the Agreement, or

7.1.2. until the Agreement is terminated in the manner specified in paragraph 7.3 of the Agreement.

7.2. The Parties have agreed that the Contractor has the right to unilaterally amend the Agreement, which shall enter into force upon publication of the amended text of the Offer, unless another date for the amendments to enter into force is specified in the amended text of the Offer.

7.3. The Agreement may be terminated:

7.3.1. by agreement of the Parties at any time;

7.3.2. at the initiative of either Party with written notice to the other Party, including in electronic form, with the date of termination being the date of sending such notice.

8. LIABILITY OF THE PARTIES

8.1. For violation of the terms of the Agreement, the Parties shall bear liability established by the Agreement and/or the current legislation of the Russian Federation.

8.2. The Contractor has the right to unilaterally terminate the Agreement out of court if the User violates the terms set out in paragraphs 4.2.3, 4.5-4.7. of the Offer.

8.3. The Parties shall be released from liability for partial or complete failure to fulfill their obligations under this Agreement if such failure was the result of force majeure circumstances that arose after the conclusion of the Agreement, or if the failure of the Parties to fulfill their obligations under the Agreement was the result of extraordinary events that the Parties could neither foresee nor prevent by reasonable measures. Force majeure circumstances include events that a Party cannot influence and for the occurrence of which it shall not be held liable, including: war, uprising, strike, earthquake, flood, other natural disasters, fire, power failures that occurred through no fault of the Parties, actions and acts of authorities taken after the conclusion of the Agreement and making it impossible to fulfill the obligations established by the Agreement, and other unforeseen circumstances and events and phenomena beyond the control of the Parties, but not limited to the above.

8.4. In order to counteract unfair behavior of Users, the Contractor reserves the right to unilaterally and extrajudicially terminate the Agreement in the event of detection of corresponding unfair behavior, including in the event of violation by the User of the Contractor's copyright and/or the terms of the Offer.

8.5. The User is warned and understands that:

The AI ​​assistant used within the framework of this agreement operates on the basis of machine learning algorithms and may provide information containing inaccuracies or errors.

The Contractor shall not be liable for any losses, damages, lost profits or other consequences arising from the Client's use of information provided by the AI ​​assistant.

The User understands and accepts the risk of possible errors, data distortion or incorrect interpretations arising in the process of interaction with the AI ​​assistant.

The User undertakes to independently verify critical information and not rely solely on information received from the AI ​​assistant.

8.6. The Contractor has the right to limit (temporarily or permanently) the User's ability to use the service in the event of a violation of the Service Rules.

8.7. Gift weeks under the Contractor's periodic promotions do not apply to persons who terminate their subscription early before the expiration of the paid period.

9. OTHER TERMS

9.1. The Agreement, its conclusion and execution are governed by the current legislation of the Russian Federation. All issues not regulated by the Agreement or not fully regulated are governed in accordance with the legislation of the Russian Federation.

9.2. Claims from the User are accepted to the e-mail address eva@eva.bz, and if necessary, at the request of the Contractor, they are also sent in writing to the address specified in Section 10 of the Offer.

The period for considering the User's claim is up to 10 (ten) days from the date of its receipt.

9.3. If disputes between the User and the Contractor regarding the Agreement are not resolved through negotiations between the Parties, they are subject to consideration in court in the manner prescribed by the current legislation.

9.4. If one or more provisions of the Agreement are invalid or unenforceable for any reason, such invalidity shall not affect the validity of any other provisions of the Agreement, which shall remain in force.

9.5. The Contractor has the right to unilaterally change the amount of the subscription fee for the Subscription. In this case, the User who has registered and paid for the Subscription (with automatic renewal of the subscription) is notified of such change no later than 2 calendar days before the changes come into effect by posting information about the new amount of the subscription fee in the bot, in marketing and advertising materials provided to Users. In this case, the cost of the Subscription Period actually paid by the User at the time of making the relevant changes is not subject to change.

10. CONTRACTOR'S DETAILS:

Individual entrepreneur

Pesegov Nikolay Sergeevich
eva@eva.bz

Current account:
40802810400003945626
Bank name:
JSC "TINKOFF BANK"
BIC:
044525974
Correspondent account:
30101810145250000974
Opening date:
01/27/2016
Name:
Individual entrepreneur Pesegov Nikolay Sergeevich
INN:
701711440923
OGRNIP:
316703100052571
Location address:
634055, Russia, Tomsk, Razvitiya Ave., 3
OKVED main:
62.01

Rules for using the eva.bz service

1. General Provisions1.1. These rules govern the use of the eva.bz service (hereinafter referred to as the "Service") and are mandatory for all users.
1.2. Using the Service means full and unconditional agreement with these rules.

2. Permissible Use of the Service2.1. The User undertakes to use the Service only for lawful purposes, without violating the current legislation of the Russian Federation.
2.2. It is prohibited to use the Service for:
creating, distributing or using assistants containing prohibited or extremist content;
developing solutions aimed at fraud, deception, discrediting, inciting hatred or other illegal actions;
automating activities related to the dissemination of prohibited information, including fakes, slander and confidential data of third parties without their consent;
interacting with illegal organizations, including those prohibited in the territory of the Russian Federation.
3. User's responsibility3.1. The user is fully responsible for the content and functionality of the assistants they create.
3.2. The Service Administration reserves the right to block or delete the user's account if any violations of these rules are detected.

4. Disclaimer4.1. The Service Administration is not responsible for the actions of users and possible consequences of using AI assistants created within the platform.
4.2. The user undertakes to independently verify the compliance of the created solutions with the legislation of the Russian Federation.

5. Changes to the rules5.1. The Administration reserves the right to make changes to these rules without prior notice.
5.2. Continued use of the Service after changes have been made means consent to the new version of the rules.