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Offer to conclude an Agreement for the use of the online service “Antavira Automated Predictive Modeling Platform”

Russian Federation, Moscow

Date of publication: February 08, 2024

1. General Provisions:

1.1. Antavira LLC (hereinafter referred to as “Antavira”) offers the Internet user (hereinafter referred to as the “User”) to use the service “Antavira Automated Predictive Modeling Platform” (hereinafter referred to as the “Platform”), located at: https://antavira.ru/, https://cabinet.antavira.ru/login (hereinafter referred to as the “Site”),

1.2. A mandatory condition for using the Platform is the User’s acceptance and compliance with the requirements and provisions of the following documents:

1.3. The instructions posted on the Site regarding the operation and use of the Platform intended for the User are required to be followed.

1.4. By starting to use the Platform and its individual functions, the User is deemed to have accepted these terms of the Offer, as well as the terms of all the above documents (hereinafter referred to as the “Terms”), in full, without any reservations or exceptions. If the User disagrees with the provisions of these documents, the User does not have the right to use the Platform.

1.5. By using the Platform, the User agrees to receive advertising and informational messages. The User has the right to refuse to receive messages by using the appropriate functionality of the Platform or by notifying Antavira through the communication channels provided for in the Agreement.

1.6. Antavira reserves the right to make changes to the Terms and documents referenced in the Offer and/or withdraw the Offer at any time at its sole discretion. If Antavira makes changes to the Offer or documents referenced in the Offer, such changes come into force from the moment the modified text of the relevant document is posted on the Internet at the addresses specified in clause 1.2 of the Offer for the relevant documents, unless a different period for the entry into force of the changes is specified.

1.7. The Client agrees and acknowledges that changes to the Offer and other documents specified in clause 1.2. of the Offer entail the introduction of these changes to the concluded and current Agreement, and these changes to the Agreement come into force simultaneously with such changes to the Offer and/or to the documents specified in clause 1.2. of the Offer. Antavira notifies the Client in advance of changes made to the Offer and to the documents specified in clause 1.2. of the Offer at least 10 (ten) calendar days before their entry into force, except when making such changes is required by applicable law or when the changes are related to the launch of updates and/or the addition of new functionality of the Platform. Notifications of changes made to the Offer and to the documents specified in clause 1.2. of the Offer are sent to the Client in the form of messages in the Personal Account or by email to the address specified by the Client when registering on the Platform. Information related to the addition of new functionality of the Platform is posted on the Site without sending additional notifications to the Client.

1.8. The risk of not familiarizing yourself with the new edition of the Offer and the documents specified in clause 1.2. is at the responsibility of the Client. The Client’s use of the Platform after making changes to the above documents is considered to be acceptance of their new edition. The Client has the right to refuse to accept changes and additions to the Offer and the documents specified in clause 1.2., which will mean the Client’s refusal to fulfill the Agreement.

1.9. Antavira may provide the User with a translation of these Terms from Russian into other languages, however, in the event of a conflict between the provisions of the terms in Russian and their translation, only the Russian version of the Terms has legal force.

1.10. These Terms and relations regarding the use of the Platform are subject to the law of the Russian Federation. Any claims or actions arising out of these Terms or the use of the Platform must be filed and prosecuted in court at the location of Antavira LLC.

2. Procedure for concluding the Agreement

2.1. The User has the right to accept the Offer on his own behalf or on behalf of a legal entity of which he is an authorized representative.

2.2. Full and unconditional Acceptance of the offer is the User’s authorization on the Platform by logging into the Personal Account on the Site. Antavira has the right to limit the possibility of registering new Clients, including, but not limited to, on grounds related to the lack of technical ability to provide access to the Platform.

2.3. The actions provided for in clause 2.2. of the Offer, carried out by a person with whom Antavira had previously terminated the Agreement due to a violation by the specified person of the provisions of the Agreement, are not recognized as proper Acceptance of the Offer.

Antavira has the right to independently determine technical methods of limiting the acceptance of the Offer in relation to the above persons.

2.4. The Agreement comes into force from the moment the Offer is accepted by the Client and is considered concluded for an indefinite period. Upon conclusion of the Agreement, he or she is assigned a Personal Account number, which is displayed in the Personal Account.

3. Trial period

3.1. In order to familiarize himself or herself with the functionality of the Platform, Antavira has the right to provide the Client with a free trial period of use.

3.2. The trial period means Grid No. 1 for the Modeling Process and/or Export of Results, according to the tariff conditions. The Client is given an aggregate time of 24 hours 59 minutes and 59 seconds to use the computing resources of the Platform. During this time, every second of use is free. Information about restrictions on use during the trial period of Antavira is on the Site or is brought to the attention of the Client through the Personal Account.

3.3. Before providing access to the paid version of the Platform, Antavira has the right to request from the Client additional documents and information confirming the accuracy of the Client’s data specified at the time of authorization on the Platform. The list of documents is determined in Antavira’s request. In case of failure to provide the requested documents and information, Antavira has the right to unilaterally refuse to fulfill the Agreement and/or suspend the Client’s access to the Platform.

3.4. During the trial period, Antavira has the right to establish additional technical and functional restrictions on the use of the Platform.

4. Platform Management

4.1. Access to the Platform is provided to the Client remotely via the Internet. Arranging access to the Platform via the Internet is the responsibility of the Client and is not the responsibility of Antavira.

4.2. The technical and organizational conditions for using the Platform are determined by the technical documentation and Instructions, which are posted on the Site and/or in the Personal Account.

4.3. If the Client grants any rights to manage the Platform to third parties, such third parties (Client’s representatives) are required to comply with the terms of the Offer and the documents referenced in the Offer. The obligation to bring the terms of the Offer and documents referenced in the Offer to the attention of such third parties (Client’s representatives) lies with the Client. The Client bears responsibility to Antavira for any actions of such third parties (Client’s representatives) related to the use of the Platform.

5. Cost of using the Platform

5.1. The cost of using the Platform, as well as related services provided by Antavira, is determined in accordance with the tariffs published in the corresponding section of the Site: https://antavira.ru/tarify/ and is calculated in accordance with the tariff rules of the Platform. Rates shown on the Site exclude all applicable taxes, unless expressly stated otherwise.

5.2. Antavira has the right to unilaterally change tariffs by updating the relevant information on the Site. Changed tariffs come into force on the date indicated when they are published. Antavira notifies the Client about changes in tariffs through the Personal Account or by email to the address specified by the Client when authorizing on the Platform at least 10 (ten) calendar days before the date of tariff changes.

5.3. Accounting for the use of the Platform by the Client is carried out automatically using software, information base and statistical data of Antavira’s accounting system in accordance with the tariff rules established by Antavira for a specific Service.

5.4. Antavira has the right to establish discounts for Clients on the established cost of using the Platform based on the Client’s consumption volume, as well as the Client’s fulfillment of certain terms of the Agreement. Antavira has the right to provide other special offers for Clients. Discounts (bonuses), special offers for Clients are established in permanent and temporary (validity period is limited) offers (promotions), information about which is posted on the Website or Personal Account.

6. Payment procedure

6.1. Payment for the use of the Platform is made by the Client in accordance with tariffs in advance based on the planned volume of consumption of Platform resources, unless otherwise provided by the Offer or special conditions.

6.2. The Client has the right to use the Platform only if the personal account balance is positive.

6.3. Information about the status of the personal account is available to the Client in the corresponding section of the Personal Account. The Client is obliged to independently monitor the status of the personal account and, if necessary, replenish its balance in order to avoid suspension of access to the Platform. Replenishment of the personal account is carried out by the Client by transferring funds to the Antavira details specified in the Agreement. To replenish the personal account, the Client independently generates an invoice for payment through the Personal Account in accordance with the instructions posted on the Site.

6.4. Every month at the end of the Reporting period, Antavira generates a unilateral certificate of services provided (hereinafter referred to as the “Certificate”) in accordance with the actual volume of use of the Platform for the Reporting period and sends them to the Client, who is a legal entity, no later than 7 (seven) working days after the end of the calendar month by email. For a Client who is an individual, the Certificate is sent by email at the Client’s request. The date of receipt of a copy of the Certificate sent by Antavira to the Client by email is considered to be the date of sending the message, recorded in the sender’s email.

6.5. The originals of the Certificates can be sent to the postal address of the Client, who is a legal entity or an individual, subject to the corresponding request from the Client through the Personal Account.

6.6. Antavira’s obligations to provide the Platform are considered duly fulfilled and accepted by the Client to the extent specified in the Certificate, if within 10 (ten) calendar days from the date of sending the Certificate, Antavira has not received motivated written objections from the Client. After the expiration of the period specified above, claims regarding deficiencies in the Services ordered and consumed by the Client, including in terms of quantity (volume), cost and quality, will not be accepted.

6.7. Payments are made in Russian rubles. The client is solely responsible for the correctness of payments. The Client makes payment with the obligatory indication of the Personal Account number.

6.8. All payments under the Agreement are made by bank transfer. Different payment methods may be available to different categories of Clients (individuals and legal entities).

6.9. Payment using the functions of a bank card and corporate bank card is carried out with the involvement of an authorized operator for accepting payments, or an electronic money operator, or other participants in settlements, information and technological interaction. Antavira does not guarantee the absence of errors and failures on the side of the specified participants in the calculations and information technology interaction.

6.10. When paying with a bank card or corporate bank card, the Client confirms and guarantees that he has provided accurate and complete information about the bank card, that he has complied with the rules of international payment systems and the requirements of the issuing bank that issued the bank card or corporate bank card, including with regard to the procedure for non-cash payments.

6.11. In cases provided for by applicable law, when making payments for the use of the Platform, when returning funds received as a result of these calculations, a cash receipt is sent to the Client’s email address specified by the Client when registering on the Platform.

6.12. Payment for the Services is considered made by the Client from the moment Antavira receives confirmation from the bank that the entire payment amount has been received into Antavira’s bank account. The bank commission for transferring the payment is paid by the Client.

6.13. When making payments for using the Platform, provided for in clause 5.3 of Art. 1.2 of Federal Law No. 54-FZ dated May 22, 2003, the Client is obliged to indicate information about the Personal Account number in the payment instructions. In the event that Antavira does not receive such information, such information is absent, incomplete and/or unreliable, the payment is considered completed only after Antavira receives from the Client complete and reliable information about the purpose of payment in accordance with the requirements specified in this paragraph above.

6.14. The fact of payment is the basis for crediting funds to the Client’s personal account. Funds are credited to the Client’s personal account in Russian rubles.

6.15. Antavira LLC is not a VAT payer in accordance with clause 2 of Art. 346.11 Tax Code of the Russian Federation.

7. Rights and obligations of the Parties

7.1. Antavira undertakes:

7.1.1. provide the Client with access to the Platform in accordance with the terms of the offer and documents referenced in the offer;

7.1.2. provide the Client with the opportunity to familiarize himself with statistics on the use of the Platform through the Personal Account.

7.1.3. during the period of use of the Platform, provide the Client with information and technical support to the extent and under the conditions provided for by the Terms;

7.1.4. notify the Client about changes in the terms of use of the Platform in the manner provided for in section 1 of the Offer;

7.1.5. reject requests to provide Client data to third parties if the obligation to provide such data is not provided for by applicable law;

7.1.6. not to use the Client’s information posted on the Platform resources for purposes contrary to the purposes of the Agreement.

7.2. Antavira has the right:

7.2.1. to suspend the Client’s access to the Platform:

  • in case of non-compliance by the Client with the Rules for Acceptable Use of the Platform;
  • in case of violation of warranties and representations given by the Client;
  • in case of occurrence of force majeure circumstances;
  • upon receipt of appropriate instructions from an authorized government body;
  • in case if the Client uses the Platform in violation of the exclusive rights of copyright holders of intellectual property;
  • in other cases established by the Offer and the documents referenced in the Offer.

7.2.2. to block access to information and Content posted by the Client on the Platform resources and/or delete them in the following cases:

  • if a regulatory act imposes an obligation on Antavira to carry out such actions;
  • if Antavira has received from a third party a claim, complaint, request, demand or any other statement, from which it follows that the posting of information led to a violation of the rights of a third party or a violation of current legislation;
  • if posting information poses a threat to the normal operation of the Platform;
  • if Antavira has received a judicial act or an act of a law enforcement agency imposing an obligation on Antavira to carry out such actions;
  • if the Client has not replenished the personal account balance within 3 (three) days from the moment the balance reaches zero.

7.2.3. in order to maintain the functionality of the Platform, to carry out preventive work accompanied by temporary interruptions in the operation of the Services within the limits permitted by the terms of the Offer and the documents referenced in the Offer, subject to prior notification to the Client of such work;

7.2.4. to request from the Client additional information and/or documents necessary to confirm the accuracy of the data provided by the Client. If the Client fails to provide the above information within 5 (five) business days from the date of sending the request, Antavira has the right to suspend the Client’s access to the Platform;

7.2.5. to unilaterally refuse to fulfill the Agreement in cases provided for in the Offer;

7.2.6. to carry out activities for the Client aimed at familiarizing him or her with the Platform;

7.3. The client has the right:

7.3.1. in case of disagreement with the changes made by Antavira to the Offer and other documents referenced in the Offer, to refuse to execute the concluded Agreement unilaterally by notifying Antavira in writing no later than 7 (seven) calendar days from the date of entry into force of these changes . The Agreement is considered terminated from the moment Antavira receives the Client’s notification;

7.3.2. to contact Antavira for technical and information support in the amount and manner provided for in the Offer;

7.3.3. to contact Antavira on all questions related to the availability of the Platform.

7.4. The client is obliged:

7.4.1. to pay for the use of the Platform on time;

7.4.2. to comply with the Terms of Acceptable Use of the Platform and other restrictions established by the Offer;

7.4.3. to independently ensure backup of information belonging to the Client posted on the Platform;

7.4.4. if technical problems arise, immediately report it to Antavira technical support;

7.4.5. to ensure confidential storage and prevent compromise of the credentials used by the Client to access the Platform;

7.4.6. to immediately notify Antavira in the event of loss or reasonable suspicion of a violation of confidentiality (compromise) of his or her credentials used to access the Platform;

7.4.7. to inform Antavira about changes in the Client’s data no later than 5 (five) business days from the date of such change;

7.4.8. to regularly familiarize himself or herself with the information published on the Site related to the use of the Platform;

7.4.9. within a period not exceeding 5 (five) working days from the date of receipt of Antavira request, to provide copies of documents duly certified by the Client confirming information about the Client;

7.4.10. not to use third-party software in violation of copyrights and license restrictions;

7.4.11. not to transfer his or her rights and obligations under the Agreement to third parties without the written consent of Antavira;

7.4.12. not to use the Platform if such use entails a violation of the current applicable laws and/or the rights and legitimate interests of third parties;

7.4.13. not to decompile, disassemble or otherwise circumvent the technical limitations of the Platform;

7.4.14. not disable, tamper with, or otherwise attempt to circumvent any mechanism for accounting for consumed volumes of use of the Platform.

8. Warranties and assurances of the Parties

8.1. The Client guarantees that:

8.1.1. provided reliable data, including personal data, when registering on the Platform and assumes full responsibility for their accuracy, completeness and reliability;

8.1.2. the person accepting the Offer on behalf of the Client has all the necessary rights and powers to accept the Offer;

8.1.3. a) has fully read the terms of the Offer and the documents referenced in the Offer, b) fully understands the subject of the Agreement, c) fully understands the meaning and consequences of his actions in relation to the conclusion and execution of the Agreement;

8.1.4. is familiar with all restrictions and rules for using the Services, unconditionally accepts them and undertakes to comply with them;

8.1.5. has all the necessary consents of third parties and legally has all the necessary rights to the information posted by him on the resources of the Platform;

8.1.6. when carrying out its activities, it complies with the requirements of applicable legislation.

8.2. Antavira guarantees that:

8.2.1. the provision of the Platform does not contradict applicable law, the obligations assumed by Antavira to third parties, and does not otherwise violate the rights and legitimate interests of third parties;

8.2.2. the level of service and availability of the Platform will be consistent with the Terms.

8.3. Except for the warranties expressly stated in the text of the Offer and documents referenced in the Offer, Antavira does not provide any other express or implied warranties and expressly disclaims any warranties or terms with respect to the Services and/or their suitability for the Client’s specific purposes.

8.4. The Client acknowledges and agrees that when providing access to the Platform, Antavira does not initiate the transfer of information to the Platform resources and does not determine the recipient of the specified information, does not change the information transmitted by the Client or his representative to the Platform resources.

8.5. The Client consents to the processing by the Platform of the data specified by the Client when registering on the Platform, as well as the Client’s personal information, as this term is defined in Antavira’s Privacy Policy (https://antavira.ru/politika-konfidenczialnosti-antavira/), by any means for the purposes conclusion and execution of the Agreement, for the transfer by the Platform of the Client’s personal information to Antavira, as well as for the receipt of the Client’s personal information from Antavira for the same purposes.

In the event that the Client posts personal information of third parties, including the Client’s employees, using the Platform, the Client undertakes to obtain consent from the persons as required by law if there are no other grounds for posting (processing) the personal information of such persons using the Platform.

8.6. The Client provides his consent to receive advertising and informational messages from Antavira.

8.7. The Client agrees that the Platform may entrust Antavira with the processing (recording, storage, use, clarification, transfer, destruction) of personal data contained in the documents provided by the Client for its verification. The Client confirms that he has received the necessary consent for this from persons whose personal data is contained in the documents provided by the Client.ng the Platform.

9. Responsibility of the Parties

9.1. For failure to fulfill or improper fulfillment of their obligations, the Parties are liable in accordance with the terms of the Agreement, and in cases not regulated by it, in accordance with applicable law.

9.2. The Client is responsible for compliance of the content of information posted by the Client on the Platform resources with the requirements of applicable legislation, as well as international law, including liability to third parties, in cases where the Client’s placement of information violates the rights and legitimate interests of third parties.

9.3. If the Client processes personal data through the use of the Platform, the Client bears full responsibility for such processing in accordance with applicable law.

9.4. In case of non-compliance by the Client with the provided guarantees and assurances, as a result of which any third parties will present claims, suits and/or orders for the payment of penalties from government authorities and/or third parties to Antavira, its agents, subcontractors, partners, employees and other contractors (but not limited to the above), the Client undertakes to immediately, at the request of Antavira, provide all necessary and requested information regarding the specified claims (suits, orders), assist Antavira in their settlement, and also compensate Antavira for all losses (including legal costs and expenses for services of legal consultants, expenses for payment of fines and penalties) caused as a result of such claims (suits, orders) being presented to Antavira.

9.5. The parties are released from liability for partial or complete failure to fulfill obligations under the Agreement if this failure was a consequence of force majeure circumstances, which include, in particular: natural disasters; natural and industrial disasters; acts of terrorism; hostilities; civil unrest; adoption by state authorities or local authorities of acts containing prohibitions or restrictions regarding the activities of the Parties under the Agreement; other circumstances that arose after the conclusion of the Agreement as a result of extraordinary circumstances that the Parties could not foresee or prevent and which make it impossible to fulfill (proper fulfillment) of the obligations of the Parties.

9.5.1. If force majeure circumstances occur, each Party must notify the other Party about them. The notice must contain data on the nature of the circumstances, as well as official documents certifying the existence of these circumstances and, if possible, assessing their impact on the ability of the Party to fulfill its obligations under the Agreement.

9.5.2. If force majeure circumstances or their consequences continue for 1 (one) month or more, either Party has the right to unilaterally refuse to fulfill its obligations under the Agreement.

9.6. In accordance with the Art. 406.1. of the Civil Code of the Russian Federation, the Client undertakes, at the request of Antavira, to compensate for property losses that have been suffered or will inevitably be suffered by Antavira in the future in connection with violations by the Client of the terms of the Agreement or the current legislation of the Russian Federation.

9.7. The parties agreed that the amount of compensation for Antavira’s losses upon the occurrence of the above circumstances is determined in accordance with the actual expenses incurred.

9.8. The Client undertakes to compensate Antavira’s property losses within 10 (ten) business days from the date Antavira submits the relevant demand and copies of documents confirming the existence of indemnified losses.

10. Limitation of liability

10.1. Under no circumstances will Antavira be liable to the Client for lost profits and indirect losses arising as a result of or in connection with the use of the Platform.

10.2. Antavira does not guarantee that it will independently back up the Client’s information and that the stored information and Content can be restored and will not be responsible for archiving and backing up the Client’s information.

10.3. Antavira does not guarantee that the Platform will meet the Client’s requirements and expectations. The Client agrees that the use of the Platform is carried out using Antavira software products, which operate on an “as is” basis.

10.4. Antavira does not control the content of information posted on the Platform by the Client and does not bear any responsibility for the accuracy, quality and content of such information.

10.5. Antavira is not responsible for the Client’s claims related to remote access to the Platform, related to the quality of functioning of telecom operators’ networks, the traffic exchange policy between telecom operators, the functioning of the Client’s equipment and software and other circumstances beyond Antavira control.

10.6. Antavira is not liable for claims and suits of third parties if the Client provides services to such third parties using the Platform. Antavira is not responsible for violation of the rights of third parties resulting from the Client’s actions performed using the Platform.

10.7. The maximum amount of Antavira liability for losses and actual damage caused to the Client is in any case limited to the total amount of payments received from the Client for the last calendar month preceding the basis for Antavira liability.

11. Termination of the Agreement

11.1. The Client has the right to unilaterally refuse to fulfill the Agreement by sending a written notice to Antavira at least 10 (ten) calendar days before the expected date of termination.

11.2. The Client has the right to unilaterally refuse to fulfill the Agreement in case of disagreement with the changes made by Antavira to the Offer and other documents referenced in the Offer, subject to notification to Antavira in the manner provided for in clause 7.3.1. of the Offer.

11.3. The Client’s notification of a unilateral refusal to fulfill the Agreement must be sent in the form of a scanned copy of the application signed by the Client or the Client’s authorized representative to Antavira email address indicated on the Site.

11.4. Antavira has the right to unilaterally refuse to fulfill the Agreement in full or in part to provide certain functionality of the Platform with immediate termination of access to the Platform without reimbursement of any costs and losses, but not limited to, in the case of:

  • repeated violation (more than two times) by the Client of any obligation under the Agreement;
  • failure by the Client to eliminate the violation, which is the basis for suspension of access to the Platform, provided that the period of suspension of access exceeded 5 (five) working days;
  • failure by the Client to comply with the Terms of Acceptable Use of the Platform, which resulted in a violation of the rights of a third party or a violation of applicable law;

11.4.1. Antavira has the right to unilaterally refuse to fulfill the Agreement, additional agreements and annexes thereto by sending a written notice to the Client at least 30 (thirty) calendar days before the expected date of termination.

11.5. The procedure for deleting the Client’s information in cases of suspension of his access to the Services and termination of the Agreement:

11.5.1. Antavira provides storage of information and Client Content posted on the Platform resources:

  • within 72 (seventy-two) hours from the end of the trial period;
  • within 72 (seventy-two) hours from the moment the Client’s personal account balance reaches zero;
  • within 72 (seventy-two) hours from the moment of suspension of the Client’s access to the Services on grounds related to the Client’s failure to comply with other terms of the Agreement.

After the expiration of the above deadlines, in the event of no payment and (or) failure by the Client to eliminate violations that resulted in the suspension of access to the Services, Antavira has the right to mark the information posted on the Platform resources as deleted and delete them along with the Platform resources within 24 (twenty four) hours .

11.5.2. The Client’s information posted on the Platform resources may be deleted by Antavira before the expiration of the above deadlines in the event of Antavira’s early refusal to fulfill the Agreement, as well as in the event that the Client’s access to the Services is suspended during the trial period.

11.5.3. In the event of termination of the Agreement, the Client’s information posted on the Platform resources is deleted within 72 (seventy-two) hours from the date of termination of the Agreement.

11.6. If there are unspent funds on the Client’s Personal Account, such funds are returned to the Client within 30 (thirty) calendar days from the date of termination of the Agreement based on a written application from the Client, signed by the Client or the Client’s authorized representative. A scan of such an application is sent through the communication channels specified in the Offer. Antavira has the right to withhold from the amounts to be returned to the Client the amounts of accrued penalties and losses incurred by Antavira in connection with the Client’s failure to fulfill its obligations under the Agreement.

11.7. The obligations of the Parties, which by their nature must continue to operate (including obligations regarding confidentiality, mutual settlements, use of information, but not limited to the above), remain in force after termination of the Agreement.

11.8. Termination of the Agreement for any reason does not relieve the Parties from liability for violations of the terms of the Agreement that arose during its validity period.

12. Applicable Law and Dispute Resolution

12.1. The offer, conclusion and execution of the Agreement are governed by the current legislation of the Russian Federation. All issues not regulated by the Offer and documents referenced in the Offer or not fully regulated are regulated in accordance with the substantive law of the Russian Federation.

12.2. If any disputes or disagreements arise between Antavira and the Client related to the execution of the Agreement, the Parties will make every effort to resolve them through negotiations. The parties establish a mandatory pre-trial claim procedure for resolving the dispute.

12.3. The Client’s claims related to the use of the Platform are considered by Antavira within 10 (ten) calendar days from the date of their receipt. Claims related to the Client’s demand for payment of compensation, damages or any other monetary amounts must be signed by an authorized representative of the Client. A scan of such a claim is sent via communication channels for notifications specified in the Offer.

12.4. If the Parties do not reach an agreement on controversial issues during the period for consideration of the claim (including in the absence of a response to the claim and the receipt of a refusal to satisfy the claim), the dispute is subject to judicial review. All unresolved disputes are subject to consideration in accordance with the applicable jurisdiction at the location of Antavira LLC, unless otherwise expressly provided for by the current legislation of the Russian Federation.

13. Confidentiality

13.1. The concept of confidential information means any information of the transmitting party, including, but not limited to the following: scientific, technical, technological, production, financial, economic or other information, including information about information security means and identification/authentication, authorization (logins, passwords, etc.) and hardware and software systems, principles of their operation, source codes (parts thereof) of computer programs; statistical information about customers, products, services, research results. The Parties undertake not to disclose or transfer to any third parties confidential information received from each other during the execution of the Agreement, except for the cases specified in the Offer, determined by applicable law or separately agreed in writing by the Parties, and also not to use it for purposes contrary to purposes of the Agreement.

13.2. The Receiving Party agrees to maintain the same strict precautions to protect Confidential Information as the Receiving Party would reasonably exercise in respect of its own Confidential Information. The receiving Party undertakes, upon discovery of facts or suspicion of disclosure of confidential information, as quickly as possible, but no later than 5 (five) calendar days, to notify the transmitting party about this and immediately take all possible measures to prevent any further disclosure of confidential information.

13.3. Obligations to maintain confidentiality do not apply to publicly available information or information that becomes publicly known due to circumstances beyond the control of the Parties.

13.4. The period of protection of confidential information is limited by the Parties to a period of 3 (three) years from the date of expiration of the Agreement.

13.5. It is not a violation of the confidentiality regime if the Parties provide information:

  • at the request of authorized government bodies in accordance with applicable law;
  • auditors and external consultants, provided that such persons have undertaken to maintain the confidentiality of the transmitted information under conditions that provide an equal or greater level of protection of confidential information compared to the terms of the Offer;
  • affiliated persons of the Party in the event that the provision of such information to the affiliate is reasonably necessary for the Party to fulfill its obligations under the Agreement, and the affiliate has undertaken obligations to maintain the confidentiality of the transmitted information under conditions that provide an equal or greater level of protection of confidential information compared to terms of the Offer;

13.6. Publication of any references to Antavira, communication to third parties or an indefinite number of persons about the fact and/or details of cooperation in connection with the Agreement is made solely with the prior written consent of Antavira, except in cases where the provision of relevant information is mandatory in accordance with applicable law.

14. Notifications and Communications

14.1. The Parties recognize the legal force of electronic correspondence, electronic messages, copies of text contained in electronic documents (files) sent by the Parties, provided that such correspondence is carried out in the ways specified in this section.

14.2. Antavira has the right to send any notices, messages and documents to the Client via the email specified by the Client when registering on the Platform and/or in the Personal Account, or by posting such notices, messages and documents in the Personal Account and/or via SMS message to a mobile phone number specified by the Client in the Personal Account.

14.3. The Client has the right to send Antavira messages, notifications via Antavira’s email address indicated on the Site or through feedback forms available to the Client on the Site or in the Personal Account and intended for sending various categories of messages.

14.4. In the case of information exchange through the Personal Account, familiarization with the information in the Personal Account is within the control and responsibility of the Client, who must independently monitor the appearance and changes of information, notifications and documents in the Personal Account. The date of receipt of the corresponding message sent by e-mail is considered to be the date of sending the message, recorded in the sender’s e-mail.

14.5. The Parties confirm that the exchange of documents, including: letters, notifications, notices and other correspondence transmitted in one of the ways specified in this section, will have evidentiary value and full legal force, including when resolving disputes between the Parties in court.

14.5.1. The written form of notification to the Client by Antavira in the cases provided for in the Agreement is considered to be complied with if the exchange of documents is carried out using one of the methods specified in this section.

14.6. The parties agreed that Certificates can be sent by Antavira to the Client in the form of an electronic document signed with an enhanced qualified electronic signature in accordance with the requirements of the Federal Law “On Electronic Signature” No. 63-FZ dated April 06, 2011. Other types of documents may be sent by Antavira to the Client in the form of an electronic document, subject to prior notification of this by Antavira to the Client in any of the following ways: by email, fax, courier, mail, by sending by Antavira to the Client an electronic document signed with an enhanced qualified electronic signature in accordance with the requirements Federal Law of Russia “On Electronic Signature” No. 63-FZ dated April 06, 2011.

14.7. The parties confirm and guarantee that for the purposes of exchanging electronic documents in the above cases, only a qualified electronic signature can be used and guarantee that when participating in electronic document flow, they comply with all the requirements of the Federal Law of Russia “On Electronic Signature” No. 63-FZ of April 06, 2011 and others applicable laws.

14.8. Sending Certificates by Antavira in the above manner is carried out only if the Client fulfills the following conditions:

  • The client is a subscriber of the electronic document management operator;
  • The client signed an agreement on electronic document management with Antavira, using his personal account in the electronic document management operator’s system for these purposes.

15. Final provisions

15.1. The Agreement does not provide for the assignment of any exclusive rights or the granting of a license by Antavira to the Client for any components of the Platform.

15.2. The Client does not have the right to transfer his rights and obligations under the Agreement without the prior written consent of Antavira.

15.3. In the event of a change in the names of the Parties, their legal status, addresses and/or payment details of the Parties, as well as other changes that could affect the execution of the Agreement, the Party that has undergone the changes is obliged to notify the other Party about this within 5 (five) working days from the date of entry into force of such changes.

16. Terms and definitions

Capitalized terms and definitions used in the Offer, unless otherwise directly stated in the text, have the following meanings:

Acceptance – full and unconditional acceptance of the Offer by performing the actions specified in clause 2.2. of the Offer;

Agreement – a paid agreement between Antavira and the Client for the use of the Antavira Platform, which is concluded through Acceptance of the Offer;

Instructions – documentation posted at the link: https://antavira.ru/funkczional/, as well as other information posted on the Site and in the Personal Account, containing the rules for connecting and using the functionality of the Platform;

Client – the person who accepted the Offer, thus concluding an Agreement with Antavira;

Personal Account (login) – a control panel within which the Client or a duly authorized representative of the Client can use the Platform; containing links to the Instructions for using the Platform and other technical documentation; statistical data on the use of the Platform, information about the status of the Client’s Personal Account, his credentials, the storage period for information before deletion; allowing the Parties to exchange notifications and messages; perform other actions necessary to implement the functionality of the Platform;

Personal account (balance) – a set of records reflecting the financial relationship between Antavira and the Client, which is used for a single summary accounting of the used Platform resource, contains information about the Client’s payments. The Personal account is of a technological nature and does not have the status of a current or bank account;

Reporting period – the period of time from the first to the last day of each calendar month inclusive (time zone when determining the beginning and end of a calendar day: UTC +3). The first Reporting Period is defined as the period from the date of conclusion of the Agreement and ending with the last day of the month;

Offer – this document “Offer to conclude an Agreement for the use of the online service “Antavira Automated Predictive Modeling Platform”, posted on the Internet at: https://antavira.ru/polzovatelskoe-soglashenie/;

Antavira Automated predictive modeling platform (“Platform”) is a software and hardware platform consisting of hardware and software located on the Internet, allowing the use of the functionality of the Platform;

User is a person who has the necessary legal capacity and capacity, using the functionality of the Platform under the Terms of Use of the online service “Antavira Automated Predictive Modeling Platform”, located on the Internet at the address: https://antavira.ru/polzovatelskoe-soglashenie/;

Trial period – a period of time during which the Client can test use the Platform and become familiar with its functionality without making a payment;

Website – a website located on the Internet at the address https://antavira.ru, https://cabinet.antavira.ru/login through which the Client gains access to the Platform, as well as containing information about the Platform and its cost use;

Parties – jointly Antavira and the Client;

Antavira – Limited Liability Company “Antavira” (OGRN 1207700059753).

17. Details of Antavira LLC

Legal address: 121096, Moscow, Vasilisa Kozhina st., 6 k.1, apt. 33

INN/KPP:7730256030/773001001

OGRN:1207700059753

Payment details:

Account: 40702810002720004716

at JSC “ALFA-BANK”

BIC 044525593,

C/s 30101810200000000593

Contacts:

m@antavira.com