Terms of Service


Effective September 1, 2014

USER AGREEMENT


1. GENERAL PROVISIONS

1.1. The present User Agreement (hereinafter – “Agreement”) regulates relations between Last.Backend LLC. (address: 197110, Russian Federation, Saint Petersburg, Lodeynopolskaya street, 5, liter A, company number: 1147847254060) (hereinafter - “Company”) and capable individual, duly accepted this Agreement for the using of “Last.Backend Software” (hereinafter – “User”).
1.2. The “Last.Backend Platform” (hereinafter – “Software”) is a cloud platform, by means of which the User can manage their personal software and hardware.
1.3. The present User Agreement is open and public document. The current effective edition of User Agreement is located at the website https://lastbackend.com/.
1.4. Registration at the website https://lastbackend.com/ or the beginning of using Software is an acceptance and confirmation of User’s consent with the terms of this Agreement.
1.5. By accepting this Agreement the User confirms his consent to the processing (including trans-border transfer of his personal data) of his personal data and other information provided by him to the Company for the purpose of implementation of this Agreement and using of the Software. If the User transfers to the Company personal data or other information about third parties, the User guarantees to the Company that he received permission (consent) from such third parties to the processing of their personal data and to the granting their personal data to the Company in the order and form provided by the legislation of the Russian Federation, and the User is responsible for receiving of such permission.
1.6. The terms of this Agreement is a public offer in accordance with article 437 of the Civil Code of the Russian Federation.
1.7. This Agreement may be amended by the Company unilaterally. Herewith continuation of the Software usage after making changes and/or amendments to this Agreement means acceptance of the User of such changes and/or amendments, therefore the User undertakes regularly monitor changes and/or amendments in the Agreement located at the website https://lastbackend.com/.
1.8. Appeals, suggestions and complaints of individuals and entities to the Company relating to the content and operation of the Software, violations of the rights and interests of third parties, the requirements of applicable legislation, as well as requests of authorized persons with the applicable legislation, may be sent by e-mail to the address [email protected]
1.9. This Agreement is made in accordance with the legislation of Russian Federation. Issues not regulated by the Agreement shall be settled in accordance with the laws of Russian Federation.
1.10. By accepting this Agreement, the User confirms his legal capacity as well as the authenticity of his personal data and takes full responsibility for their accuracy, completeness and veracity. The User takes probable risks connected with his mistakes and inaccuracies in the provision of personal data and other information.

2. TERMS OF USE OF THE APPLICATION

2.1. By using Software the User can manage their personal software and hardware.
2.2. The User has the right to use the Software and its functionality for personal software management solely for personal, noncommercial use.
2.3. The User is responsible for any use of the Software in the ways not allowed directly herein. The User may not (and may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof; or (b) attempt to disable or circumvent any security mechanisms used by the Software.
2.4. For using the Software and its functionality the User shall pay fees (royalties) to the Company (royalties for personal, worldwide, non-assignable and non-exclusive license on the Software). The fees are different and depend on the period of using the Software and its functionality. The User can find more information about fees at the website https://lastbackend.com. The fees are indicated at the website https://lastbackend.com excluding VAT. The fees may be amended by the Company unilaterally. The User must pay fees before the beginning of using of the Software by the bank transfer or other payment methods (information about all available payment methods the User can find at the website https://lastbackend.com). If this Agreement ceases to be effective in any matter, the Company shall not reimburse the fees to the User.
2.5. The User guarantees that all information that he provides during the registration for using the the Software is accuracy, completeness and veracity.
2.6. For making some specific actions within the Software or for using the Software it might be necessary for the User to register within sites, portals, networks. In that case the User shall read and accept the terms of using of such sites, portals or networks. The Software shall use the User’s registration details within such sites in the ways and manners necessary for interaction with such sites, portals or networks. If the User refuses from accepting terms of using of such sites, portals or networks, the User shall be deprived of ability to use some or all functionality of the Software, if such functionality is based on resources of such sites, portals or networks.

3. RIGHTS AND OBLIGATIONS OF THE USER

3.1. The User shall properly comply with the terms of this Agreement.
3.2. The User shall not use the Software for any other objectives except for the purposes related to personal non-commercial use.
3.3. The User shall not mislead other Users and third parties during using the Software.
3.4. The User shall not carry out by means of Software sending of advertising and other types of messages without the consent of the recipients expressed explicitly. Such consent shall be obtained in cases and in the manner specified by the legislation of the Russian Federation.
3.5. The User shall not use the Software in violation of the rights and legitimate interests of third parties and the applicable legislation, including:
3.5.1. shall not allocate by means of the Software materials containing insults, slander, profanity, pornographic or other materials contrary to morality, demonstrating or promoting violence, terror, violence or offensive to human dignity, as well as other materials that do not comply with laws of the Russian Federation, or links to Internet sites and other resources that contain such materials;
3.5.2. shall not allocate any information or materials containing threats, discredit or insulting other Users of the Software or third parties, being fraudulent, infringing on personal or public interests, promoting racial, religious, ethnic hatred or enmity, as well as any other information that violates the human and civil rights protected with laws of the Russian Federation;
3.5.3. shall not carry out propaganda or agitation instigating social, racial, ethnic or religious hatred and enmity, hatred for those non-standard sexual orientation, propaganda of war, social, racial, ethnic, religious or linguistic supremacy;
3.5.4. shall not describe or promote criminal activity, place instructions or guidelines for the commission of criminal acts;
3.5.5. shall not allocate or transmit via the Software any information of restricted access (confidential information), if the User is not authorized to perform these actions;
3.5.6. shall not spread via the Software spam, chain messages (messages requiring transfer of one or more users), financial pyramid schemes or calls to participate in them, as well as any other intrusive information;
3.5.7. shall not allocate by means of the Software messages, graphics, photographs or other materials, placement of which causes or is likely to prejudice the honor, dignity and business reputation of any person or entity;
3.5.8. shall not allocate or collect by means of the Software any personal data, including home addresses, phone numbers, e-mail addresses, passport details and other personal information about other Users of the Software or other persons without their prior consent;
3.5.9. shall not allocate via the Software results of intellectual activities the right to use the User doesn’t have.
3.6. The User must take appropriate actions for keeping safety of his registration account and take on the sole responsibility of its safety and confidentiality.
3.7. Upon registration for using Software the User must report the accurate and actual information about itself.

4. RIGHTS AND OBLIGATIONS OF THE COMPANY

4.1. The Company may transfer rights and obligations under this Agreement to third parties for the fulfillment of this Agreement without additional consent of the User.
4.2. The Company has the right to send to the User by any means information about the operation of the Software, advertising, information and other messages within the Software, to e-mail address or phone number specified by the User and the User by accepting this Agreement confirm his consent on it.
4.3. The Company has the right to receive payment from the User for the Software. The Company informs the User about the terms of payment (prices, form and payment procedure) through the Software or website https://lastbackend.com. The Company has the right to render free services to the User or specific categories of Users.
4.4. The Company has the right to edit or delete materials published by the User if they don’t comply with the laws of the Russian Federation and the terms of this Agreement, make harm to the Company or third parties.
4.5. The Company has the right to process personal data of the User and transmit them to third parties (including trans-border transmission) for the fulfillment of this Agreement and resolution of claims related to the implementation of this Agreement.
4.6. For the implementation of this Agreement the Company has the right to involve third parties. The User confirms that such third parties are provided with the same rights as the Company, including in respect of the User’s personal data.

5. GUARANTEES AND RESPONSIBILITY OF THE PARTIES

5.1. The User guarantees that he would not take any actions aimed solely for making damages to the Company or other persons.
5.2. In case of violation of the rules of the use of the Software referred to in section 2 of this Agreement, as well as in case of a violation of clause 5.1 of this Agreement, the User shall indemnify the Company’s harm caused by such actions. The User agrees to hold harmless and indemnify Company, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners from and against any third party claim arising from or in any way related to (a) breach of the Agreement by the User, (b) use of the Software by the User, (c) User’s violation of applicable laws, rules or regulations in connection with the Software, or (d) User’s content, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.
5.3. Recognizing the international nature of the Internet, the User accepts responsibility for compliance with all local laws and regulations relating to the User actions in the network.
5.4. The Company isn’t responsible for the negative consequences and losses arising from events and circumstances that are beyond the scope of the Company’s competence. The Company isn’t liable in the event of inability to fulfill obligations due to unreliability, failure or untimely information and documents provided by the User or User's violation of the terms of this Agreement or the requirements for the information and documents.
5.5. THE USER EXPRESSLY UNDERSTAND AND AGREE THAT HIS USE OF THE SOFTWARE IS AT HIS SOLE RISK AND THAT THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE.” COMPANY, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SOFTWARE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO THE USER THAT: (A) USER’S USE OF SOFTWARE WILL MEET HIS REQUIREMENTS, (B) USER’S USE OF THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE SOFTWARE WILL BE ACCURATE.
5.6. THE USER EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO THE USER FOR ANY INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY THE USER, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.

6. LINKS TO THIRD PARTY SITES

6.1. The Software may contain links or submit access to other sites on the Internet (third party sites) and to allocated on the sites content which is the result of intellectual activity of the third parties and protected in accordance with the law. The Company does not check these sites and the content posted on them upon the accordance to the laws of the Russian Federation.
6.2. The Company is not responsible for any information or content allocated on third party sites to which the User gets access through the Software, including, any opinions or statements expressed on third party sites.
6.3. The User confirms that terms of this Agreement does not apply to the using of the sites of any third party. The User is solely responsible for his actions on such sites and the Company is not responsible and shall not be held responsible for actions of any third party hosting, developing of running such site or allocating content on it.

7. FINAL PROVISIONS

7.1. Issues not regulated in this Agreement shall be settled in accordance with the laws of the Russian Federation.
7.2. If any dispute or controversy related to the implementation of this Agreement arises, the User and the Company will make efforts to resolve such disputes by negotiations. If the disputes are not settled by negotiation, the disputes shall be settled in a court of general jurisdiction at the location of the Company in accordance with the laws of the Russian Federation.
7.3. This Agreement shall enter into force for the User since registration at the website https://lastbackend.com/ or the beginning of using Software and shall be in force during the period prepaid by the User. After expiration of such prepaid period the User can’t use Software and this Agreement is ceased to be effective. The User may terminate this Agreement at any time by canceling his account at the website https://lastbackend.com/ or ceasing using Software. The User will not receive any refunds if the User cancel his account at the website https://lastbackend.com/ or stop using Software. The User agrees that Company, in its sole discretion and for any or no reason, may terminate this Agreement or any part thereof. The User agrees that any termination of his access to the Software may be without prior notice, and the User agrees that Company will not be liable to the User or any third party for such termination.
7.4. If any provision of this Agreement is held invalid, this shall not affect the validity or applicability of the remaining provisions of this Agreement.

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