Public Offer

This document, permanently posted on the information and telecommunications network Internet (hereinafter — the Internet), is an offer of LLC "Hypersoft" (hereinafter — the Contractor) to conclude a contract for paid services (hereinafter — the Contract and/or Offer) with a legally capable individual (hereinafter — the Customer), hereinafter collectively referred to as the "Parties".

This Contract is a public offer, which means that the use of the site (or application) is full and unconditional consent (acceptance) with the terms set forth in the Offer and is recognized as accession to the Contract in full, to all points and sections.

The proper acceptance of this Offer is the Customer's commission of the following actions:

a) filling out an application on the Site and its subdomains (hereinafter — the Application);

b) Clicking the "Continue" button and entering an E-Mail address, agreement with "By clicking continue, you agree to the terms of the public offer". Submitting an application through a Telegram bot, E-Mail, browser extension, application or other communication channel in accordance with the current legislation of the Russian Federation.

c) payment of the cost of the Contractor's services by depositing funds in the manner provided for in section 5 of this Agreement (clause 5.3.).

The Customer is recommended to carefully read the text of the Offer (including amendments made over time) posted on the Site, and in case of disagreement with the terms, leave the Site at any time and not use its functions and Service.

The Contractor reserves the right to change the terms of the Offer by posting an updated version of the document on the Site. Continued use of the Site by the Customer after the entry into force of changes and/or additions means acceptance and consent to such changes and/or additions. The date of entry into force of changes to the Offer is the date of their publication on the Site.

The terms of the Offer are an open and publicly available document. The current version of the Offer is posted on the Internet at the network address (domain name): https://vpn-naoborot.com/docs/public-offer.

The law of the Russian Federation applies to this Contract and the relations arising as a result of the use of the Site between the Parties.

1. Terms and Definitions

1.1. The terms of the Contract listed below are used in the following meaning:

1.1.1. Acceptance of the offer — full and unconditional acceptance of the terms of the Offer by the Customer by performing the actions specified in this Offer. Acceptance of the Offer creates a Contract on the terms of the Offer.

1.1.2. Contract — a contract between the Contractor and the Customer, which is concluded by acceptance of this Offer.

1.1.3. Order— the Customer's decision to order a data processing service through the Site by selecting one of the tariffs and paying for it, and is full and unconditional acceptance by the Customer of this Offer.

1.1.4. Customer— a person who has submitted an application and started using the Site and the Contractor's Service on a paid basis.

1.1.5. Application — an html form filled out by the Customer on the Site/in the Service to obtain the opportunity to use the functionality of the Site and the Service, or a request through Telegram, E-Mail or other communication channel.

1.1.6. Contractor— LLC "Hypersoft" (TIN: 9714065578) independently and represented by its authorized employees, administering the Site and operating the Service.

1.1.7. Content and materials — any intellectual property objects of the Contractor placed on the Site or contained in the Service in the form of texts, images, drawings, photographs, graphs, videos, programs, sounds, user interfaces, logos, computer codes, which are the content of the Site and/or posted on the Site with the consent of the Contractor.

1.1.8. Offer— this document published on the Internet on the Contractor's Site and containing an offer for persons to conclude a Contract for paid services.

1.1.9. Personal data— information related directly or indirectly to the Customer, voluntarily indicated by them when filling out the Application. The information is stored in the Contractor's database using services and programs that provide reliable protection against unauthorized access by third parties, and is subject to use exclusively in accordance with this Offer and the current legislation of the Russian Federation. Information received under the Offer does not relate to personal data, since the Contractor does not process such information.

1.1.10. Subscription — the procedure for paying for Services with automatic renewal each month (30 days), in accordance with the conditions provided for by the Offer.

1.1.11. Site — Web site located on the Internet at the unique address (URL): https://vpn-naoborot.com/ (including subdomains), which is a set of software, hardware and information intended for publication on the Internet. The Site is available to an unlimited circle of persons on the Internet.

1.1.12. Service— Internet service "VPN Naoborot", providing the Customer with the opportunity to order paid Services.

1.1.13. Tariffs — a system of prices for Services (paid Subscription) presented on the Site.

1.1.14. Services — data processing services, including virtual private access services, as well as other Services related to private security on the Internet and private access to the Internet. Services include, but are not limited to, software, add-ons, applications, information and informational materials available to the Customer from the Contractor.

1.2. If the Offer uses terms not specified in clause 1.1, they shall be used and interpreted in accordance with the current legislation of the Russian Federation and business customs established on the Internet.

1.3. This Offer does not require signing and sealing by the Contractor and the Customer, while retaining legal force.

2. Subject

2.1. In accordance with the Offer, the Contractor undertakes to provide the Customer with Services according to the description of the selected Tariff specified on the Contractor's site at: https://vpn-naoborot.com/, which is an integral part of the Contract, and the Customer undertakes to accept and pay for the Services provided to them in the amount and within the terms provided for by the Contract.

2.1.1. The type and quantity of services provided by the Contractor to the Customer under the Contract is determined by the Customer independently by sending a corresponding order (hereinafter — the Order) to the Contractor through the Application in the manner determined by the Contract. The Customer orders Services through the Site by selecting one of the Tariffs presented on the Site. By paying for the Order, the Customer confirms consent to the conclusion of this Contract (acceptance of the offer).

2.2. The Contract also provides all persons who have accepted the terms of the Offer, on a gratuitous basis, with a non-exclusive, non-transferable or alienable in any form, having an unlimited validity period, right of access to the Site. The Contractor provides the Customer with access to the Site, and the Customer undertakes to use the access provided to them only within the rights and in the ways provided for by the Contract.

2.3. The Customer is not entitled (including not entitled to allow anyone) to modify, disassemble the Site into component codes, decompile or otherwise attempt to obtain the source code or any part thereof.

2.4. The Contractor carries out the current management of the Service, determines its structure, appearance, allows or restricts users' access to the Site, exercises other rights belonging to it at its discretion.

2.5. By concluding the Contract, the Customer confirms the following:

a) The Customer is fully familiar with and agrees with the terms of this Contract;

b) The Contractor does not collect, process and transfer personal data.

2.6. Access to the Service is provided subject to technical capability. By accepting the Agreement, the Customer is notified that the services provided are a complex electronic Service that depends on many different factors beyond the control of the Administration: the performance of communication channels, changes in the rules and APIs of third-party servers used, the availability of third-party servers. Providing access 100% of the time is not guaranteed. Interruptions in the provision of access are possible.

2.7. This Agreement covers all existing (actually functioning) at the moment functions of the Site and Service, as well as any of their subsequent modifications and functions appearing in the future.

3. Rights and Obligations of the Parties

3.1. The Customer undertakes to:

3.1.1. Carefully read the content of the Offer and comply with its terms.

3.1.2. Use the Service and Site only for lawful purposes and by lawful means, taking into account the legislation of the Russian Federation.

3.1.3. Not to record, not distribute (not publish, not post on Internet sites, not copy, not transfer or not resell to third parties) for commercial or non-commercial purposes the information and materials provided by the Contractor, not to create information products based on it for the purpose of extracting commercial profit.

3.1.4. Select the necessary services indicated on the Site to this Offer.

3.1.5. Ensure timely payment for the Services provided in accordance with the terms of the Contract.

3.1.6. Send to the Contractor all available claims concerning the quality of the services provided, within a period not exceeding 7 (seven) calendar days from the date of receipt of the services. If claims are not received by the Contractor, the Services are considered rendered in full and properly.

3.1.7. Use the Service and Site in good faith.

3.2. The Customer has the right to:

3.2.1. Use any available functions on the Site, subject to compliance with the legislation of the Russian Federation.

3.2.2. Stop using the Site at any time.

3.2.3. Receive information support on issues related to the procedure for providing Services and the operation of the Service throughout the entire term of the Contract (from the moment of its conclusion).

3.3. The Contractor is obliged to:

3.3.1. Provide the Customer with access to the selected Services and provide Services in accordance with the terms of the Offer.

3.3.2. Provide consultations by email, Telegram on issues arising for the Customer in connection with the provision of services to them.

3.3.3. Make all reasonable efforts to ensure the stable operation of the Site and Service, its gradual improvement, correction of errors in the operation of the Service at its discretion. However, the Site and Service are provided for use by the Customer on an "as is" basis.

3.3.4. Resolve through correspondence disputed situations when the Customer contacts using the contact request form on the Site. If any issue is not regulated by the Offer, the Contractor decides how to act in a particular situation.

3.3.5. Not to disclose the Customer's data and not to provide access to this information to third parties, except in cases directly provided for by the legislation of the Russian Federation, including upon receipt of a corresponding request from the law enforcement agencies of the Russian Federation.

3.3.6. Not log the Customer's internet traffic, list of visited sites or IP addresses.

3.4. The Contractor has the right to:

3.4.1. Without agreement with the Customer, involve third parties to execute the Contract.

3.4.2. Request from the Customer all necessary information and documents for the proper performance of obligations under the Contract.

3.4.3. Change the cost of Services unilaterally with notification on the Site.

3.4.4. Unilaterally terminate the Offer and cancel the Customer's access to the Service in case of violation by the Customer of the terms of the Offer. Such violation of conditions also means:

3.4.5. Restrict the provision of Services to the Customer in case of detection of facts of unfair use of the Service, namely:

3.4.6. At any time without prior notice, an unlimited number of times, moderate and change the Site, its sections, services, capabilities and tools, delete, change and place any results of intellectual activity with or without prior notice, including introducing additional restrictions on its use.

3.4.7. Establish any restrictions on the use of the Service.

3.4.8. Suspend the operation of the Site and Service to carry out the necessary planned preventive and repair work, as well as unscheduled work in emergency situations.

3.4.9. Edit and publish any information on the Site.

3.4.10. Use other rights granted to the Contractor by the legislation of the Russian Federation and the terms of the Offer.

4. Conditions for Access to the Service, Rules for Using the Services (hereinafter — the Rules)

4.1. In order to gain access to the Service, the Customer needs to submit an Application. The Customer orders Services through the Site or by contacting the email, Telegram of the Customer with further issuance of an invoice for payment to the e-mail, Telegram of the Customer. Or through the Contractor's mobile applications.

4.2. Services under the free Tariff are provided as is, without guarantees of performance and other conditions.

4.3. If the Contractor needs additional information, they have the right to request it from the Customer. In case of failure to provide the necessary information by the Customer, the Contractor is not responsible for providing a quality service to the Customer.

4.4. The Customer, by providing certain data, agrees that all this information is accurate, reliable, current and complete and confirms their consent to the processing of this data by the Contractor. Responsibility for the accuracy of the information in the advertisement and the performance of related obligations rests fully with the Customer.

4.5. The Contract between the Parties is considered concluded from the moment of electronic placement of the Order.

4.6. If the Customer did not take advantage of the opportunity to cancel the Subscription on the Site, the Order placed by the Customer is renewed for a similar period upon expiration of the original Order in accordance with the Tariffs indicated on the Site, on the date of such renewal (auto-renewal of the provision of Services). If auto-renewal was enabled when processing the Tariff.

4.7. The Customer is obliged to adhere to the rules generally accepted on the global Internet or directly established by the current legislation and regulations of the Russian Federation for communication services. Violation by the Customer of the rules for using the Services may be grounds for refusing to provide them with the Services. Violations of the rules for using the Services (including, but not limited to) are the following provisions.

4.7.1. When using the Service, the Customer is prohibited from:

4.7.2. The Customer is responsible for the security of the login and password of their accounts, as well as for all actions performed when using the Service under the Customer's login and password. The Customer agrees that their actions (the possibility of which is provided directly by the Contractor) for connection, management, use of the Service and its disconnection are considered only the Customer's actions.

4.7.3. The Contractor is not responsible: for the use by the Customer of data obtained as a result of using the Service, in particular the transfer of mobile subscriber numbers and other data to third parties; for providing their login/password to third parties.

5. Cost of Services and Payment Procedure

5.1. The cost of services is set in the currency of the Russian Federation — rubles, and can also be displayed in tenge, euros, US dollars and/or other currencies, while it is posted in the appropriate section of the Site and is determined by the Tariffs for services established by the Contractor.

5.2. The list of services provided and Tariffs for services is posted on the Contractor's site at: https://vpn-naoborot.com/, which are an integral part of the Contract.

5.3. Payment for the Subscription is made through the payment acceptance service "CloudPayments". The terms of use of the system are posted on the official website of the system — https://cloudpayments.ru/. When making payment, the Customer is obliged to follow the payment instructions on the procedure and methods of payment.

5.3.1. The Subscription is perpetual, i.e. it is valid until the moment the Customer refuses it. The procedure for canceling the Subscription is provided for in this Contract.

5.3.2. To avoid the Contractor charging a Subscription fee, the Customer must cancel (disable) the Subscription before the end of the Customer's Subscription period or in another way indicated on the Site.

5.3.3. The Subscription period is calculated in calendar days and is 1 (one) month, 6 (six) months, 1 (one) year depending on the Customer's choice. Automatic renewal of the Subscription (payment for the cost of a new Subscription) upon completion of the validity period of the previous Subscription is performed automatically on the same terms that were in effect for the expired Subscription. Debiting of funds is performed automatically on the end date of the current Subscription period. The Subscription is again renewed for the next similar period.

5.4. The Contractor has the right to change the cost of Services unilaterally with notification to active subscribers by email or by their other contacts (details). The new terms on the cost of the Subscription begin to operate from the moment of the first renewal of the Subscription.

5.5. The Customer's obligations to pay for the Order are considered fulfilled from the moment the funds are received by the Seller in accordance with the Tariffs in full.

5.6. Settlements between the Parties for Services are made in the ways indicated on the Site.

5.7. Ordering a service is the Customer's consent to pay for the service at the prices in effect on the day of ordering the Service on the Site.

5.8. In case of termination (cancellation) of the Contract, the return of the balance of unused funds of the Customer is made by the Contractor by non-cash transfer to the Customer's account in the same way as they were paid to the Contractor.

6. Special Conditions and Responsibility of the Parties

6.1. The Contractor is responsible for the timeliness of services provided when the Customer fulfills the established requirements and rules posted on the site https://vpn-naoborot.com/ in accordance with the provisions of this Contract.

6.2. The Contractor is released from liability for violation of the terms of the Contract if such violation is caused by the action of force majeure circumstances, including: actions of state authorities, fire, flood, earthquake, other natural actions, lack of electricity, strikes, civil unrest, riots, any other circumstances not limited to those listed, which may affect the Contractor's performance of the Contract.

6.3. The Contractor is not responsible for the quality of public communication channels or services providing the Customer's access to their services.

6.4. The coverage area, Internet speed and quality of communication in the provision of Services may vary. The Contractor undertakes to do everything possible to ensure that the Services are provided at any time (with the exception of breaks for maintenance and repair). Services may be unavailable due to factors beyond the Contractor's control, including emergencies, network problems or restrictions, interference, signal interruption, malfunctions of other services.

6.5. The Contractor is not responsible for the loss of data and messages, incorrect display of pages due to network problems (for example, on a T-1 line). To protect the Customer, the Contractor unilaterally may establish restrictions on the use of certain data and block customer service.

Network speed is a nominal estimated characteristic, and it does not correspond to the actual speed of sending and receiving data. The actual network speed depends on its configuration, the method of data compression, network load and other factors. The Contractor does not give guarantees regarding the timeliness of receipt of data and is not responsible for possible delays or losses.

6.6. The Contractor undertakes not to disclose information received from the Customer. The disclosure of information in accordance with reasonable and applicable legal requirements is not considered a violation of obligations.

6.7. The Contractor receives information about the IP address of the visitor to the Site. This information is not used to establish the identity of the visitor.

6.8. The Contractor is not responsible for the information provided by the Customer on the Site in publicly available form.

7. Responsibility of the Parties

7.1. For non-fulfillment of the conditions provided for in this Contract, the Parties bear responsibility in accordance with the norms of legislation in force on the territory of the Russian Federation.

7.2. The Contractor's liability is limited to actual damage, the amount of which cannot exceed the cost of the Tariff chosen by the Customer.

7.3. The Customer undertakes not to use the system for sending spam, scanning ports and proxies, conducting mass mailings (even if letters are actually sent through another server), not to conduct hacker attacks on other computers or networks.

7.4. The Contractor is not responsible (including does not consider claims):

7.5. The Contractor is not responsible, does not consider claims from the Contractor and third parties and does not compensate for losses in case of the Customer's inability to use the Contractor's Service according to their understanding of the principles of operation of such services. The Service is provided "as is" and may not meet the Customer's expectations (ideas).

7.6. The Parties are released from liability for partial or complete non-fulfillment of obligations due to force majeure circumstances. Force majeure circumstances are understood as: tsunami, storm, earthquake, floods, natural fires, typhoon, hurricanes, drought, change in the sanitary and epidemiological situation, disasters, mass protests, decisions of state bodies, as well as other circumstances arising as a result of emergency events. The party affected by force majeure, at the first opportunity, but not later than five days, notifies the other party in writing about what happened.

7.7. In case of violation by the Customer of the terms of the Contract, the Contractor has the right to block the Customer's access to the Service without giving reasons. In this case, the Contractor has the right, at its option, to return funds to the Customer, or to withhold them to cover expenses related to the performance of obligations under the Contract.

7.8. No conditions, guarantees or other provisions apply to the Service, except for those that are expressly stated in this Contract. The Contractor does not provide any guarantees that the use of the Service will meet the Customer's expectations: will not be interrupted, will be available at any convenient time, will be safe, will not be subject to errors or failures.

8. Other Provisions

8.1. The period for accession to the Contract is limited by the presence of the Offer on the Site. The Offer comes into force at the moment of its acceptance by the Customer and is valid indefinitely.

8.2. The Contract may be terminated unilaterally on the initiative of the Customer with mandatory written notification to the Contractor through the Site or by email.

8.3. The Customer is solely responsible for the regular review of the Contract. Use by the Customer of the Site and Service after changes are made to the Contract is considered consent to such changes and means the readiness of the Customer to accept the obligations under them.

8.4. Recognition of the invalidity of any provision of the Contract does not entail the invalidity of the remaining provisions.

8.5. All disagreements arising during the execution of the Contract, in connection with it or as a result of its execution, the Parties resolve through negotiations.

8.5.1. Before filing a lawsuit, the Party that believes that its rights have been violated (hereinafter — the interested party), is obliged to send a written claim to the other Party. The claim must contain the requirements of the interested party and their justification with an indication of the norms of legislation and (or) the terms of the Contract violated by the other party. Copies of documents confirming the circumstances set forth in it must be attached to the claim.

8.5.2. The Party that received the claim is obliged to consider it and send a written motivated response to the other party within 10 (ten) working days from the moment of receipt of the claim.

8.5.3. In case of failure of the Parties to reach an agreement, the dispute is subject to consideration in court at the location of the Contractor in accordance with the current legislation of the Russian Federation.

8.6. On issues not regulated by the Contract, the laws and other legal acts of the Russian Federation are subject to application.

8.7. The Parties acknowledge that all notifications, messages, agreements, documents and letters sent using authorized email addresses can be used as written evidence in court.

8.8. The Parties have the right to use facsimile communication or email to agree on applications, documents, negotiations, etc. Documents transmitted by facsimile communication or email have legal force for the parties.

9. Contractor Details