Omsk 25 May 2015
These Terms of Service (further - "TOS") define the relationship between the developer of the service CrISStal Eye – Information Service Systems Art, LLC, represented by CEO, Ivan Orekhov, acting on the basis of the charter (further - "Developer") and a user of CrISStal Eye website, situated at http://crisstaleye.com, http://crisstaleye.ru and CrISStal Eye software (further - "User").
1.1. These TOS shall govern Developer and User's mutual relationship within performing services by Developer for fee.
2.1. Developer shall provide User with the access to the Website, Program product CrISStal EYE for keeping track of employees' work time (collectively referred to as Service), User shall pay for Service usage.
2.2.The access is given by means of individual User's account creation.
3.1. User may not perform certain actions while using Service, therefore, performance of any of the following actions will be deemed to be a breach of these TOS:
All kind of data acquisition, processing, or distribution by means of Service that infringe the laws in force; violate anybody's intellectual property rights; infringe third parties' rights and legitimate interest (including those containing photos or videos depicting a man without his/her consent); contain materials of erotic, pornographic or offensive character; promote incitement of religious, racial, ethnic discord; contain computer viruses or programs (or links to them) able to disturb anybody's regular hardware or software, or telecommunication facilities operation.
An attempt to violate or violation of Program product licence provisions;
Service functions integration with third party websites and services, unless otherwise explicitly permitted by Developer;
Commission of actions aimed at deluding Developer and/or other Service users;
Commission of actions violating rights, freedom, honour and dignity of any person;
Individual accounts registration on the part of or in place of another person.
Provision of Individual accounts and/or credentials for use to third party users;
Illegal gathering, systematization, storage or distribution of personal information;
Attempts to obtain or obtainment of access to other users' individual accounts by any means including but not limited deceit, abuse of confidence, authentication attack;
3.2. In case User performs at least one action mentioned above in section 3.1, Developer at his own discretion shall temporally refuse User the access to Service or terminate the TOS as specified by provision (section) 5.3. hereto.
4.1. Service usage is performed for a fee.
4.2. User is only permitted to use Service on condition of a full monthly prepayment.
4.3. Payment is done monthly not earlier than 25th and not later than 30th of the calendar month prior to the month of Service performance.
4.4. Payment is done by User further to the invoice sent by Developer not earlier than 20th and not later than 25th of the calendar month prior to the month of Service performance.
4.5. All expenses incurred upon paying the invoice (including but not limited, fees, commissions, tax, etc.) shall be paid by User on his own.
4.6. The amount of monthly payment hereunder shall make $10.
4.7. In case User does not use the Service (under no necessity or impossibility to use caused by technical or other problems on User's side) the cost of Service already paid is non-refundable. In case User's account is blocked in connection with these TOS breach, the refund for the service paid but not performed is done at Developer's discretion.
5.1. These TOS are deemed to be entered into for an indefinite term.
5.2. Developer and User can terminate the TOS unilaterally upon obligatory written notification sent to the other party 30 calendar days prior to the termination date.
5.3. With that Developer reserves the right to terminate the TOS in case at least one action specified in provision 3.1 hereto is performed by User, upon obligatory written notification sent to the latter 10 calendar days prior to the termination date.
6.1. Confidential information is hereby understood as information comprising commercial secret (company's secret), - providers and Users' data of any character (including but not limited: secret technologies, inventions, ideas, processes, source and object code, formulae, data, programs, other own works, know-how, improvements, discoveries, developments, drawings and methods; information regarding products and research and development plans, marketing and business plans, budget, financial conditions, agreements, prices; information regarding skills and fees of providers' employees and other consultants; presence of any business negotiations, discussions, agreements between a party hereto and a third party), including also results of intellectual activity in science and technology, and information about ways of performing professional activity of any actual or potential commercial value being lawfully unknown or inaccessible to third parties, the owner of which demands non-disclosure. The information shall unconditionally be defined as confidential unless otherwise is explicitly stated by the disclosing party.
6.2. Exceptions. Confidential information, however, shall not include information that:
was publicly available at the moment of disclosure to the other party;
became publicly available after the disclosure through a way other than violation of these TOS;
was the ownership of the Disclosee without any obligations to keep its confidentiality at the moment of the disclosure.
was lawfully transferred to the Disclosee without obligations to keep its confidentiality after the time when it was disclosed by the other Party;
was received by the Disclosee on its own regardless of any other confidential information of Disclosee;
was lawfully disclosed pursuant to legal order or any other lawful requirement;
was disclosed aiming to define the rights of the disclosing party according to these TOS;
was disclosed with the written consent from the other Party.
6.3. Confidential information disclosure is the transfer of information comprising commercial secret recorded on a data carrier by its owner to the Disclosee to the extent and on the conditions provisioned by the deals closed including conditions concerning confidentiality protection measures to be taken by Parties.
6.4. Carriers of confidential information under these TOS are paper documents and digital devices.
6.5. To meet mutually beneficial business interest, User and Developer shall agree that there is a need to disclose confidential information to each other as well as a need to protect it against unauthorized use and (or) disclosure to third parties.
6.6. Confidential information disclosed by Parties to each other shall always remain the ownership of the Discloser and may not be copied or otherwise reproduced by the Disclosee without a prior written permission of the Discloser.
6.7. In case of confidential information carriers exchange between Parties, the former ones shall be labelled Confidential. All authorized copies shall be equally labelled confidential as the original ones, providing the Disclosee maintains written account of such copies and extracts distribution.
7.1. User shall make sure his actions are legal and right in advance of any and every usage of Service.
7.2. Developer shall reserve the right, but not an obligation to make an inspection as to how correct, authorized and lawful the usage of Service by User is.
7.3. Developer shall not undertake obligations of checking, changing and control of any Information data that User may receive the access to by means of Service. Developer shall not guarantee accuracy of such data, their lawfulnessquality and relevance to particular requests and requirements.
7.4. Developer shall reserve the right to refuse User receipt, development, storage and reproduction of Information data within Service from a particular workplace or in regard to a particular individual without assigning reasons therefor.
7.5. Given access to Information data does not mean that Developer considers them to be conforming to the applicable law or conditions of these TOS.
7.6. User understands that using Service he may get the access to some inappropriate, offensive or unlawful information material under laws of his or any other country and that such materialmight not have corresponding labels or warnings. In this connection User agrees that Service usage shall be performed by him at his own risk and that Developer shall not be liable for information materials whose contents might be considered unlawful, offensive, inappropriate or unwanted.
7.7. Developer shall not be liable for any consequences arising as a result of usage or non-usage or disuse or impossibility to use Service and any other data that are received, processed and reproduced with the help of Service and shall not pay for the losses including lost profit occurred as a result of such consequences.User shall bear all the responsibility for such actions, absence of actions and consequences.
7.8. User does not guarantee availability and/or lawfulness of Service in all or selected countries, nor does he guarantee availability of Service in all or selected language versions.
7.9. In case of the TOS violation by User, Developer shall have the right to refuse Service provision, block or limit the access to the account or information data and remove the personal Account and Information data without prior written notification sent to User.
7.10. All results of Individual account usage and all the actions performed in Service using User's credentials shall be deemed to be performed by User. Developer shall not be liable for the results of authorized and non-authorized usage of User's Account by third parties.
7.11. Using Service User might have the access to third parties' software, services or websites that are not owned or controlled by Developer. Developer shall not guarantee availability and valid work of such software, websites and services and their conformity to the topic declared and User's requirements, nor shall he be liable for that. Developer shall not provide technical or other support for such software, websites, and services, in order to receive such support User shall apply directly to the manufacturer or provider.
7.12. Conditions of these TOS shall not exclude faults, downtime, errors, inconsistencies while using Service. With that User shall agree with that the responsibility to fix the bugs, faults, and malfunctions, as well as fixing terms shall be defined by Developer at his discretion.
7.13. The conditions of these TOS do not exclude the possibility of Service incompatibility with other software not owned by Developer, that is why Developer shall not guarantee a qualitative interaction and/or simultaneous work with such software.
7.14. Developer shall do its best to provide smooth Service running, however, partial or full loss of data kept by Developer is not excluded, that is why Developer shall not be liable for such loss, as well as a relating direct or indirect damage.