"QuLab" provides access to the use of the functionality of IT platforms under the conditions set forth in this User Agreement (hereinafter - the "Agreement") to enter into this User Agreement for the provision of services with any individual entrepreneur or legal entity (hereinafter - the "User"), which will accept this offer on the conditions specified below.
By registering on the IT platform provided by QuLab, you, the User, acknowledge the full and unconditional acceptance of the offer by the SaaS provider. This Agreement defines the terms of use of the Platform, the rights and obligations of Users and the SaaS provider.
1. Terms and definitions
1.1. “SaaS-provider”, “We”, “Our” (and other derived expressions) - “QuLab”, developer of IT platform.
1.2. “User”, “You”, “Your” (and other derived expressions) are an individual entrepreneur or a legal entity who unconditionally accepted the terms of the proposal to enter into this Agreement.
1.3. “SaaS” is a model of providing the “Software as a Service” service (“Software as a Service”), which implies providing access to the IT platform using browsers or other programs using web protocols.
1.4. “IT Platform” (hereinafter referred to as “Platform”) is a set of cloud services that includes server hardware and software complex built by a SaaS provider using web technologies and provides the User with access to information and analytical tools.
1.5. “Site”, “Website” is an Internet resource located at www.qulab.ru (including all its subdomain names), which is an integral part of the technology platform of the SaaS provider, which allows the User to view the Content posted on it in SaaS-provider, and use various services and tools (services), both requiring and not requiring registration of a site visitor.
1.6. “Accounting period” - one year from the moment a payment is made for granting the right to use the Platform.
1.7. “Registration” is the procedure for the User to fill out a form posted on the Website, on the basis of which a User Account is created in the Website’s database, uniquely identified by a unique pair of access details (Login (or email address) and Password).
1.8. “Login” is a combination of symbols generated by you and indicated during the Registration on the Site in order to further identify you, the User, on the Site. Login can be an email address.
1.9. “Password” is a combination of characters generated by the User independently during the Registration on the Site and used to verify the User on the Site. The password is used repeatedly and can be changed by the User independently an unlimited number of times.
1.10. "Registration data" - the data obtained by the SaaS provider from the User during the registration. The data is stored in the database of the SaaS provider and is to be used exclusively in accordance with the Agreement and the current legislation of the Russian Federation.
1.11. "Content" - content of the Site, including: texts, graphics, multimedia, computer programs, images, trademarks, logos, hypertext links, their fragments, other objects posted by the SaaS provider, as well as the User and / or Invited by participants both on a reimbursable and free basis.
1.12. “Invited Participant” - an individual invited by the User to use certain services and tools of the IT platform without undergoing mandatory registration on a web resource.
1.13. “Access” - providing the User with access to the functionality, tools and services of the Platform through remote access via the Internet.
1.14. "Benchmarking" - a comparison of the results of user diagnostics with industry indicators.
1.15. "Rating" - a comparison of the results of diagnostic Users.
In the Agreement, terms that are not defined in Clause 1 of the Agreement may be used. In the absence of an unambiguous interpretation of the term, the text of the Agreement should be guided by the interpretation of the term, defined, first of all, by the legislation of the Russian Federation, secondly, on the Website, and, further, by the Internet (common) interpretation of the term.
2. Subject of the Agreement
2.1. We, being the developer of the Platform and the owner of exclusive rights to it, grant you, on the terms of the Agreement, the non-exclusive right to use the Platform using the SaaS technology by accessing it, for a fee paid by you within the limits and methods specified below.
2.2. By registering on the Platform, using the tools and services of the Platform, you express your unconditional acceptance of all the terms of the Agreement, other mandatory documents (clause 2.7 of the Agreement) posted on the Site, without any exceptions or limitations.
2.3. In case of your disagreement with the terms of the Agreement, you should not register on the Platform and / or should stop using the tools and services of the Platform.
2.4. Access to the full functionality, tools and services of the Platform is provided only to the Users registered on the Platform who have made the payment for the right granted.
2.5. Completion of your registration is possible only with the complete and unconditional acceptance by the User of the terms of this User Agreement. Registration means full and unconditional acceptance of the provisions of the Agreement in accordance with Article 438 of the Civil Code of the Russian Federation.
2.6. The obligatory condition for the provision of the full functionality, tools and services of the Platform is the acceptance and compliance by the User of the requirements and provisions of the following documents (hereinafter referred to as “Mandatory Documents”):
2.7. You, as a registered person, are responsible for the accuracy and relevance of your registration data upon registration.
2.8. In case of changes in the data submitted during registration, you, the User, must immediately make the appropriate changes.
2.9. When registering, you agree to the SaaS provider to send notifications, mailings, as well as additional information about the Site, its resources, services, functions, promotions, events held by the SaaS provider. You can opt out of receiving these notifications at any time.
2.10. The email address and the selected password are the means of identification on the site. SaaS-provider is not responsible for the loss of your data, allowing you to use the created account. All actions that are performed using your account are deemed to be committed by the User. All information obtained using the account is considered information used by the User and / or with the consent of the User.
2.11. Unless otherwise provided by the Agreement, the procedure for the use of individual services and tools of the Platform is governed by a separate agreement for each service and / or tool.
2.12. Unless otherwise provided by the Agreement, access to the full functionality, tools and services of the Platform is provided to the User from the moment the SaaS payment provider reaches the current account, calculated on the basis of the selected tariff plan, and if necessary, from the moment the source data provided by the SaaS provider is provided to provide services.
3. Intellectual property
3.1. Website, tools and services of the Platform, including (but not limited to): computer programs, databases, codes, their underlying know-how, algorithms, design elements, fonts, logos, as well as text, graphic and other materials , are objects of intellectual property protected in accordance with the legislation of the Russian Federation and international law, any use of which is allowed only on the basis of permission of the SaaS provider.
3.2. Illegal use specified in clause 3.1. Agreements on intellectual property objects entail civil and administrative liability.
3.3. You are not entitled to carry out in relation to the Platform, its tools and services and their components reproduction (replication and other copying), distribution, modification, reformatting and other processing.
3.4. Any components of the Platform's services may not be used as part of other sites, software applications and products, search engines, other works and objects of related rights, copied or used in any other way directly or indirectly violating the legally protected exclusive rights of the SaaS provider.
4. Third Party Content
4.1. The site may contain links to other sites on the Internet, text, graphic, audio and other information, applications, programs and other content belonging to or originating from third parties, resulting from intellectual activity and protected in accordance with the laws of the Russian Federation.
4.2. These third parties and their content are not checked by the SaaS provider for compliance with the criteria of accuracy, completeness, integrity, etc. The SaaS provider is also not responsible for any information posted on third-party websites that the User accesses through the Site or through third-party content.
4.3. A link to any website, product, service, any information of a commercial or non-commercial nature posted on the Website does not constitute an endorsement or recommendation for their use by the SaaS provider, nor does it grant the User and / or invited participants any right to use intellectual property of third parties.
4.4. The user, at his own risk and risk, goes to third-party sites, uses and installs third-party software.
5. Rights and obligations of the Parties
5.1. We are obliged:
5.1.1. Provide you access to the Platform by registering on the Platform with assigning a unique name and issuing a Password to enter the system and then creating a separate account for interacting with the Platform through your Personal Account.
5.1.2. Provide you with free information support on working with the Platform.
5.1.3. Independently and at their discretion, update the current version of the Platform's software components free of charge during the term of the Agreement, notifying the User of this in the available ways.
5.1.4. To provide access to the functionality of the Platform, provided on an ongoing basis for the duration of this Agreement, except for the time required for maintenance and software updates. The total time of maintenance work on the Platform may not exceed 1% of the Platform’s operating time per month.
5.1.5. Provide answers to requests for technical support from Monday to Friday (working days of the week) within 24 hours of contact.
5.1.6. Provide summary analytical information, the composition and content of which is determined by the SaaS provider on its own.
5.1.7. Ensure confidentiality of commercial, technical information and personal data obtained in cooperation with the User.
5.2. We have the right to:
5.2.1. Suspend or block access to the Platform in the absence of payment under the Agreement for the relevant Accounting period.
5.2.2. Change the tariff policy and unilaterally, as well as change the terms of service for the next accounting period, notifying the User for at least 1 (one) calendar month before the upcoming change.
5.2.3. To process registration data provided by the User during registration through the Personal Account for the purpose of its identification and authentication for the execution of this Agreement.
5.2.4. Suspend or block your access to the Platform, in case you use the Platform for purposes prohibited by law or in ways that violate the rights of third parties.
5.2.5. Use information (including personal data) obtained from you and / or invited participants for the purposes of its consolidation, aggregation, compilation of statistical, marketing, industry and other reports in the following ways: collection, systematization, accumulation, storage, clarification (updating, alteration), use, depersonalization, blocking and destruction, subject to prior depersonalization of such information.
5.2.6. To monitor the User’s activities within the framework of their use of the Platform’s functionality and take the necessary measures to prevent the commission of any actions that violate both the Agreement and the current legislation of the Russian Federation.
5.3. You agree to:
5.3.1. Pay for access to the Platform in the manner and on the terms of the Agreement.
5.3.2. Strictly adhere to and not violate the terms of the Agreement, as well as ensure the confidentiality of commercial, technical information and personal data obtained in cooperation with the SaaS provider.
5.3.3. Adhere to the indicators of the selected tariff plan specified in the Tariff Policy.
5.4. You have the right:
5.4.1. Use the access rights granted to you to the Platform in accordance with its intended purpose.
5.4.2. Receive analytical information presented in the form of composite indices and display panels (deshbord), about the results of the diagnostic, the detailed composition and content of which is determined by Us independently.
5.4.3. Submit us requests for the elimination of failures and errors in the operation of the Platform.
6. Termination of the Agreement
6.1. The withdrawal by us of the granted right to use the Platform is possible in the event of your material violation of the terms of the Agreement. Violation of the Agreement is assumed to be material in the event that: if you have made the overdue regular payment; if you use the rights granted to you to access the Platform for purposes contrary to the Agreement and / or the legislation of the Russian Federation.
 6.2. Your refusal of the granted right to use the Platform under the Agreement.
6.3. We can recover data within 60 days from the date of deletion (regardless of the reason for deletion). To activate your Personal Account, you must contact support to re-receive the activation link to the email address provided during Registration. We reserve the right to refuse to restore the Personal Account without giving a reason.
7. Responsibilities of the Parties
7.1. The parties are responsible for the failure or improper performance of their obligations under this Agreement in the manner prescribed by the legislation of the Russian Federation.
7.2. Access to the Platform is provided to you in accordance with the “as is” principle generally accepted in world practice.
7.3. You use the Platform at your own risk. We are not responsible for any of your actions related to the use of the Platform, including for obtaining economic (marketing) or other indicators of your activity that you do not expect.
7.4. We are not liable to you and / or invited participants for damage of any kind caused by the loss and / or disclosure by you of the data necessary to access the Platform.
7.5. We provide basic information security of personal data within the limits determined by the legislation of the Russian Federation.
7.6. We are not liable to you for delays and interruptions occurring directly or indirectly for a reason that is outside the scope of reasonable control on our part.
7.7. We are not responsible for the quality of services (in particular, data services) necessary to work with the Platform, if they are organized by third parties who are not involved by Us.
7.8. You agree that to work with the Platform, you must use software (web browsers, operating systems, etc.) and equipment (personal computers, network equipment, etc.) produced and provided by third parties, and the SaaS provider cannot be held responsible for their quality. work.
7.9. You agree that no software is guaranteed against errors.
7.10. In case of data loss caused by your actions, data recovery is performed by Us at your request. Data recovery is performed only if technically possible.
7.11. You are fully liable under the laws of the Russian Federation for consequences arising from the provision of inaccurate and (or) deliberately false registration information by you, and are liable for violation of the rights and interests of third parties as a result of such actions.
7.12. You are fully liable under the laws of the Russian Federation for unlawful actions with bank cards or other means of payment used to make payments for providing access to the Platform.
7.13. You acknowledge and agree that in the event of unlawful actions, including actions that violate the copyright and related rights of third parties, the User is recognized to be responsible for the specified illegal actions, under whose account such actions are taken and / or the owner of the Device is determined and recorded Our technical means for the IP address.
8. Additional Terms
We have the right to unilaterally amend the conditions for granting the right to use the Platform by posting this information on the Site in public access and making changes to the Agreement.