This User Agreement (hereinafter also referred to as the Agreement) establishes the conditions for using the itHelper software (hereinafter also referred to as the Software) and governs the interaction between the Copyright Holder and the User in the process of using the Software.
This Agreement is a public offer addressed to any individual who intends to use the itHelper software on the terms specified in the Agreement, by virtue of Art. 435 of the Civil Code of the Russian Federation (CC RF). The specified offer can be accepted by individuals only by joining this Agreement as a whole and performing the actions provided for in clause 2.6 of the Agreement.
With regard to the procedure and conditions for concluding this Agreement, the norms of the Civil Code of the Russian Federation governing the procedure and conditions for concluding a public contract (Article 426 of the Civil Code of the Russian Federation), an agreement of accession (Article 428 of the Civil Code of the Russian Federation), sending an offer and acceptance (Articles 435–444 Civil Code of the Russian Federation).
Site - an Internet site located at https://ithelper.ru, which provides the User with access to the Software. The Rightholder places on the Site information that is mandatory for the User.
Copyright holder - Limited Liability Company "Soft Program", location address: 125212, Moscow, b-r Kronshtadsky, d. 6 / korp. 4, Pom. 104, Com. 3V, OGRN 1197746652135 TIN/KPP 7743321173/774301001, which owns all exclusive rights to the software.
User - an adult visitor to the Site who has the necessary level of legal capacity in accordance with the legislation of the Russian Federation and who takes actions to acquire the Software for personal purposes not related to making a profit.
Software "itHelper" (Software, Program) - a computer program owned by the Copyright Holder and which is a system for diagnosing a personal computer (hereinafter referred to as PC) by collecting information about the operating system (its technical characteristics, installed software, network status), with the ability to troubleshoot issues, as well as consolidating this information for further analysis, as well as the ability to provide VPN access.
VPN - is a virtual private network hosted on a third party server.
Access Code - a unique alphanumeric code generated by the Copyright Holder that allows the User to access the extended functionality of the Software.
Distribution kit - a set of programs, files on the Copyright Holder's website for installation and initial initialization of the Software.
The basic version of the Software - is the main functionality of the Software provided free of charge when downloading the Distribution Kit from the Site.
Premium version of the Software - is an extended functionality of the Software available under the terms and conditions set forth in this Agreement.
Account - a set of data about the User, necessary to identify him and provide access to his personal settings.
2.1. Before using the Software, the User is obliged to read this Agreement when downloading the Basic version of the Software and other documents specified in this Agreement.
2.2. The User has the right to install and use the Basic version of the Software without registration. To use the features of the Premium version of the Software, you must register on the Site/App.
2.3. Using the functionality of the Software, the User gets the opportunity to gain access to a VPN server that does not belong to the Copyright Holder.
2.6. The User has the right to terminate this Agreement with the Copyright Holder at any time by deleting the previously installed software from his personal computer (hereinafter referred to as the PC).
2.7. The acceptance of this Agreement is the commission by the User of the following consecutive actions:
3.1. In accordance with the terms of this Agreement, the Copyright Holder provides Users with access to the Software (Basic version or Premium version) and a license to use the Software for personal non-commercial purposes under the terms of this Agreement and in the ways provided for by the functionality of the Software.
3.2. The "itHelper" software, including all scripts, content, separate elements and design of the software, is provided "as is" ("as is") without warranty obligations of the Copyright Holder and obligations for operational support and improvement.
3.3. The Copyright Holder has the right, at its discretion, to update / modify the Software of any version / release new versions at any time without prior notice to the User.
3.4. In order to inform the Users of the Software, the Copyright Holder has the right to send informational messages to the Users. The User has the right to unsubscribe by changing the individual settings of his Account.
4.1. Access to download the Basic version of the Software is provided to the User on the Site in free mode without prior registration and without charging a fee. When installing the Distribution Kit of the Basic version, the User will be asked to read this Agreement and confirm that he:
If the User refuses to fully and unconditionally accept this Agreement, or is not ready to confirm any of the above conditions, the installation of the Software will be impossible.
4.2. To access the Premium version of the Software, the User must:
4.3. After filling out the registration form and confirming agreement with the terms of providing access to the Software, the User receives an automatically generated password for access to the User Account at the e-mail address specified by him. In the future, this password can be used repeatedly to enter the Account. The account contains the data entered by the User, information about the software used, information about the payments made, technical data about the state of the PC, its systems and installed programs. The User confirms and agrees that the correct operation of the Software involves the collection of data about the User's PC for its diagnostics.
The User's data entered into the Account by the User themselves can be supplemented/corrected/deleted by the User at his discretion. The User may delete his Account and all information about himself, and further use of the Software may be difficult.
4.4. To connect to the VPN server, the Copyright Holder provides the User with a unique login and password, which will need to be entered in the corresponding fields "Password/Password" and "Username/Login" on the VPN resource that does not belong to the Copyright Holder. If the login and password provided to the User by the Copyright Holder are entered correctly, the connection to the VPN server will be established automatically.
4.5. The user undertakes to provide true, complete and accurate information about himself during the registration process. The User undertakes to keep the information provided up to date during the term of this Agreement. The user is responsible for providing false, incomplete or inaccurate information and for the resulting negative consequences.
4.6. The User confirms that the actions performed after authorization in the Program using the User's e-mail address and password are recognized as the User's actions committed by the User personally, unless the User proves otherwise.
4.7. Transferring the password to third parties is prohibited. The user undertakes to ensure the secure storage of the password / access codes / access to electronic and their protection from unauthorized use by third parties. The User is responsible for possible negative consequences associated with the loss of the password / access codes / access to e-mail, the transfer of the password / access codes / access to e-mail to third parties, unless this happened through the fault of the Copyright Holder.
4.8. The Copyright Holder reserves the right to refuse registration to the User, as well as to cancel the existing registration if there are reasonable suspicions that the User has violated the current legislation and the provisions of this Agreement / other documents of the Copyright Holder. At the same time, the reasons for refusal in registration and cancellation of registration are not communicated to the User.
4.9. If the User has suspicions about the security of his e-mail and password or the possibility of their unauthorized use by third parties, he undertakes to immediately notify the Copyright Holder of this by sending a letter to the email address of the Copyright Holder indicated on the Site.
5.1. In accordance with the terms and restrictions set forth in this Agreement, the Copyright Holder grants the User a limited, non-exclusive license to install and use the Software (Basic version and Premium version) for personal purposes not related to business activities, without granting the right to use the Software to third parties ( sublicenses). The ways of using the Software are determined by the functionality of each of the versions in accordance with Section 7 of this Agreement.
5.2. The User may not rent, distribute, transfer, use for commercial purposes, grant the rights to use the Software to third parties (sublicense), or use the Software under a sharing agreement, or in any other unauthorized way.
5.3. The non-exclusive license granted to the User does not provide for the ability to decompile, modify, disassemble, disassemble into component codes, rework or improve the Software and its components, attempt to obtain the source code of the Software, install its own add-ons to the Software. Only binary (compiled) versions of the software are provided and the license implies no access to the source code of the software.
5.4. The right received by the User to install and use the Software is valid during the term of the Agreement within the territory of the Russian Federation.
6.1. The Software contains materials protected by copyright, including computer programs, technical solutions, trademarks and other legally protected materials, including, but not limited to: texts, photographs, graphics, program codes. The sole owner of exclusive property rights to the Software, all modules and its components, documentation related to it, is the Copyright Holder.
6.2. Any intellectual property rights (including, but not limited to, copyright, trade secrets, trademarks, patents, etc.) arising out of, contained in, related to, associated with or attached to the Software are owned by sole proprietor.
6.3. The User may not use the Software on behalf of a third party, or use the Software for purposes not defined by this Agreement.
7.1. As part of the basic version, the User may be provided with the following options for using the Software:
7.2. The Copyright Holder provides the opportunity to use the Basic version of the Software free of charge, while reserving the right to place any additional informational and advertising content inside the specified version of the Program. The specified content does not affect the quality and speed of the software and cannot be removed at the request of the User.
7.3. As part of the Premium version, the User may be provided with the following additional options for using the Software:
7.4. As an additional option, the Copyright Holder offers the User access to connect to a VPN server that does not belong to the Copyright Holder.
7.5. The description of the software functionality given in this section is for informational purposes only. The Copyright Holder reserves the right to make changes / additions to the functionality of any version of the Software at its own discretion and without special notice to the User. The User undertakes to independently monitor the current content of the Agreement.
8.1. The use of the Basic version of the Software is free of charge for the User.
8.2. To gain access to the Premium version of the Software, the User must purchase an Access Code on the Site or from one of the official partners of the Copyright Holder.
8.3. The cost of the Access Code is determined by the tariff and indicated on the Site. After the expiration of the paid period of access to the Premium version, the extended functionality is suspended until the next payment is made. At the same time, the functionality of the Basic version remains available to the User in full on the terms of this Agreement.
8.4. The User can pay for the selected tariff using one of the payment methods indicated on the Site. The procedure for making payments is determined by the rules of the relevant payment system. All payment data provided by the User for online payment for the Software are entered into the portal of the corresponding payment system in the window that pops up after the User selects the payment method and clicks the "Pay" button on the Site, while the Copyright Holder does not get access to the specified data, does not collect and process such data.
8.5. The Copyright Holder is not responsible for the failure of the payment systems services and any payment delays caused by such a failure. Claims caused by the above circumstances, and sent by the User to the Copyright Holder, are redirected to the address of the relevant payment system. Any disputes related to incorrect operation of the payment system and failure to make a payment are resolved in accordance with the rules of the payment system and applicable law.
8.6. By making a payment on the Site, the Buyer confirms that he has familiarized himself with the operation of the Software in the Basic version, is satisfied with the quality of the Software and intends to receive the extended functionality provided in the Premium version.
8.7. A refund after making a payment and receiving an Access Code is possible only if the purchased Premium version of the Software turned out to be inoperative (in relation to the functionality defined by the current version of the Agreement in force on the date of purchase), about which the User sends a claim with supporting documents attached. The claim is considered by the Copyright Holder in the manner prescribed by the Agreement.
9.1. The right holder undertakes:
9.1.1. Provide the User with the opportunity to use the Software in accordance with the terms of this Agreement and download the Software to their own device.
9.1.2. Transfer non-exclusive rights (a simple non-exclusive license) to download and use the Software under the terms of this Agreement.
9.2. The right holder has the right:
9.2.3. Require the User to provide information confirming the proper use of the Software in accordance with the requirements of this Agreement.
9.3. The user undertakes:
9.3.1. Pay the cost of the Premium version of the Software in accordance with the terms of this Agreement.
9.3.3. Ensure the safety of the password / access code / access to e-mail and their protection from unauthorized access by third parties.
9.3.4. Use the Software only for personal purposes in the ways specified in this Agreement;
9.3.5. Provide the Copyright Holder with up-to-date and true data about himself when registering on the Site;
9.3.6. Refrain from copying in any form, as well as from supplementing, modifying, distributing the Site, the Software, its elements, including information, services, web design elements, graphic and software elements, etc.;
9.3.7. Comply with this Agreement, the legislation of the Russian Federation, the rights and interests of third parties;
9.3.8. If the installed system security settings on the User's PC conflict / prevent proper operation of the software, change the specified settings. Otherwise, the Software may not function or work incorrectly, in which case the User's claims regarding the operation of the Software will not be accepted by the Copyright Holder.
9.3.9. Perform other duties stipulated by the Agreement and the legislation of the Russian Federation.
9.4. The user has the right:
9.4.1. Use the Software under the terms of this Agreement.
9.4.2. Get acquainted with the information on the Site about other versions of the software / products of the Copyright Holder.
9.4.3. Receive information about the operation of the Software, send questions and suggestions related to the operation of the Software to the support service of the Copyright Holder;
9.4.4. Exercise other rights provided for in this Agreement.
10.1. The Copyright Holder is not responsible for any violations of the current legislation that take place or may take place as a result of actions / inaction of the User and any third parties. In the event that claims are made against the Copyright Holder from third parties in connection with the actions of the User, the latter is obliged to release the Copyright Holder from liability and settle such claims independently, as well as compensate for the losses incurred by the Copyright Holder through the fault of the User in full, including reimbursement of costs associated with settlement of disputes, imposition of sanctions by public authorities and in other cases.
10.3. The Copyright Holder and the User are released from liability for full or partial failure to fulfill their obligations, if such failure was the result of force majeure circumstances, as a result of extraordinary events that no one could foresee and prevent by reasonable measures.
10.4. The Copyright Holder is not liable for damage caused to Users as a result of their improper use of the Software, as well as for any consequences caused by the User's failure to comply with the terms of this Agreement.
10.5. The Copyright Holder is not responsible for the content and operation of sites that contain links to the Site.
10.6. The Copyright Holder is not responsible for the actions of third parties aimed at distributing the Software if these persons are not official partners of the Copyright Holder on the basis of signed license/sublicense agreements. Under no circumstances shall the Copyright Holder be liable for harm caused to anyone in connection with the use of software acquired from such persons or through sources other than the Site and official partners of the Copyright Holder.
11.1. This Agreement may be changed by the Copyright Holder at its sole discretion at any time without any prior notice. The current version of the Agreement is posted on the Site.
11.2. The invalidity of one or more provisions of the Agreement, recognized in the prescribed manner by a court decision that has entered into force, does not entail the invalidity of the agreement as a whole for the Parties. In the event that one or more provisions of the Agreement are recognized invalid in the established manner, the Parties undertake to fulfill the obligations assumed under the Agreement as close as possible to those implied by the Parties when concluding and / or agreed to amend the Agreement in a manner.
11.3. This Agreement and the relationship between the Parties are governed by the laws of the Russian Federation.
11.4. If you have any questions, the User has the right to contact the Rightholder's employees by phone and / or by e-mail indicated on the Site.
11.5. Claims are sent electronically to the email address indicated on the Website of the Copyright Holder / User account, and are duplicated in writing to the address indicated on the Website / User account if this information is provided by the User. The term for consideration of claims is 10 working days from the date of receipt of the claim. The response to the claim is sent to the details indicated above.
11.6. All disputes of the parties under this Agreement shall be resolved through correspondence and negotiations using the mandatory pre-trial (claim) procedure. If it is impossible to reach an agreement between the parties through negotiations within 60 (sixty) calendar days from the moment the other party receives a written claim, the dispute must be submitted by any interested party to the court of general jurisdiction at the location of the Copyright Holder (with the exception of the jurisdiction of the case to any other courts) .
11.7. This Agreement shall enter into force for the User from the date the User joins it in the manner prescribed by this Agreement, and is valid until the User Account is deleted from the Copyright Holder's system, regardless of the User's actions to use the Software functionality.