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The IPEYE service usage Agreement

Service Usage Agreement for IPEYE

This document is a public offer of the Limited Liability Company "Konstanta" (OGRN: 1047828003321, INN 7817046936), hereinafter referred to as the "Service Provider", and contains all essential terms of the agreement for providing the Client with a set of services of the ICVS (IPEYE CLOUD VIDEO SERVER) cloud video surveillance service offered by the Service Provider on this website and other platforms, including mobile ones. In accordance with Article 437 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the RF), in case of acceptance of the terms set out below, the person accepting the offer becomes the Client (in accordance with paragraph 3 of Article 438 of the Civil Code of the RF, acceptance of the offer is equivalent to concluding the Agreement on the terms set out in the offer), and the Service Provider and the Client together are the Parties to the Agreement. By accepting this offer, the Client confirms that a) they are fully acquainted with the terms of the offer and accept them, b) they fully understand the subject of the offer and the agreement concluded by accepting the offer.

The following terms are used further in this Agreement:

IPEYE – OOO "Константа", ИНН 7817046936

Service – a set of software tools ICVS (IPEYE CLOUD VIDEO SERVER) (Certificate of the Federal Service for Intellectual Property (Rospatent) for computer software No. 2019666409 dated November 29, 2019) owned by IPEYE, providing functional capabilities for receiving, processing, and sending information intended for remote viewing of video streams from Users' cameras, as well as for storing the archive of video recordings from Users' cameras, accessible on the Internet at: ipeye.ru

User – an individual or legal entity using the Service.

Personal Account – a section for registered Users containing all the main tools necessary for working with the Service. After completing registration, the visitor becomes an authorized User of the site.

Access to the Service – the ability to use the Service.

Paid Services – services provided by IPEYE on the terms of this Agreement to the User through the Service.

Personal Account Balance – a system for accounting funds on the Service for settlement operations of the User and IPEYE, located in the User's Personal Account.

Moderation – review by IPEYE of information placed (or planned to be placed - Pre-moderation) on the IPEYE website for compliance with the terms of the Agreement.

  1. Subject of the Agreement
    1. 1.1. The use of the Service website is governed by the terms of this Agreement between the User and IPEYE (hereinafter, the "Terms").
    2. 1.2. The use of the Service (except in cases where otherwise agreed with IPEYE in writing) implies the User's agreement with all the provisions of these Terms.
    3. 1.3. These Terms and other documents referenced by the Terms constitute the entire legal agreement between the User and IPEYE and govern the use of the Service, and fully replace any prior agreements between you and IPEYE regarding the Service.
  2. Consent to the Terms
    1. 2.1. The User must agree to the Terms to use the Service. The User is not entitled to use the Service if they do not accept the Terms.
    2. 2.2. The User accepts the Terms in cases if:
      1. 2.2.1. The User has selected the option "I accept the terms of service use" if such an option is provided by IPEYE in the User Interface of the Service;
      2. 2.2.2. The User actually uses the Service. In this case, the User understands and agrees that IPEYE will consider the fact of the User's use of the Service as consent to the Terms from the corresponding point in time.
  3. Modification of the Terms
    1. 3.1. IPEYE reserves the right to make changes to these Terms at any time, which come into effect from the moment of their publication on the website https://www.ipeye.ru/soglashenie-ob-ispolzovanii-servisa. When making such changes, IPEYE publishes a new version of the Terms.
    2. 3.2. If the User disagrees with the changes to the Terms, the User must stop using the Service. Continued use of the Service means use under the modified Terms.
    3. 3.3. The User agrees that IPEYE has the right to send notifications, including notifications about changes to the Service, via email, regular mail, or by posting information in the Service.
  4. Provision of the Service
    1. 4.1. IPEYE has the right to implement new developments to provide Users with the best service. The User agrees that the form and nature of the Service provided by IPEYE may change without prior notice.
    2. 4.2. The User acknowledges and agrees that IPEYE has the right, at its sole discretion, to terminate (temporarily or permanently) the provision of the Service or any of its individual functions to all Users or to a particular User without prior notice.
    3. 4.3. The User has the right to stop using the Service without prior notice to IPEYE.
    4. 4.4. The User acknowledges and agrees that if IPEYE deprives the User of access to the Personal Account, the User may lose access to the Service, information in the User's Personal Account, any files, or other information contained in the Personal Account.
    5. 4.5. If the User uses the IPEYE service not in accordance with the established tariffs, then the IPEYE service has the right to independently transfer the user to another tariff (initially - after sending a notification to the user via email specified in the user's personal account no earlier than three days after sending the notification. In case of recurrence - automatically, with sending notifications to the User's email), corresponding to the characteristics of the data stream transmitted from the user's device(s) to the IPEYE service.
    6. 4.6. The User independently monitors the bitrate of cameras in the case of tariffs with continuous recording, the volume of the weighted average daily recording, in the case of tariffs based on motion detection, received from the camera, or motion detection carried out by the IPEYE service, and adjusts the sensitivity of motion detection.
  5. Use of the Service
    1. 5.1. To gain access to the Service, the User may be required to provide an email address during registration to start using the Service or during authorization to continue using the Service. The User agrees that any information provided to IPEYE during registration will always be accurate, correct, and up-to-date.
    2. 5.2. The User agrees to use the Service exclusively for purposes permitted by the Service and any applicable laws, regulations, generally accepted practices, or guidelines in the relevant jurisdiction (including any laws regarding the export of data and software from or to Russia or other countries).
    3. 5.3. The User agrees not to access the Service in any way other than through the interface provided by IPEYE, except in cases where such actions have been explicitly permitted by a separate agreement with IPEYE.
    4. 5.4. The User agrees not to engage in any activity that interferes with the provision of the Service (or the operation of the relevant servers or networks associated with the Service) or violates its provision.
    5. 5.5. The User agrees not to reproduce, duplicate, copy, sell, trade, or resell the Service for any purpose, except in cases where such actions have been explicitly permitted by the terms of a separate agreement with IPEYE.
    6. 5.6. Any data obtained using the Service is used by the User at their own risk, and the User is solely responsible for any consequences of using such data, including damage that may be caused to the User's computer or mobile device or third parties, loss of data, violation of rights, or any other harm. IPEYE is not responsible for any types of losses (including any losses or damages that IPEYE may incur) resulting from the User's use or inability to use the Service or any of its parts/functions, including due to possible errors or malfunctions, except in cases directly provided for by law.
    7. 5.7. The User independently determines how to use the Service and is responsible for its use. The User is responsible for ensuring that the content of any file uploaded by the User complies with the requirements of current legislation, including international law, including responsibility to third parties in cases where the User's upload of a file violates the rights and legitimate interests of third parties.
  6. Disclaimer of Warranties and Limitation of Liability
    1. 6.1. The Service is provided "as is," and IPEYE does not provide Users with any warranties regarding the Service. IPEYE does not make any representations or warranties that:
      1. 6.1.1. The use of the Service will meet the User's requirements, the use of the Service will not be interrupted, will be available at any time convenient to the User, will be secure, or will not be subject to errors or malfunctions,
      2. 6.1.2. any information obtained as a result of using the Service will be accurate and reliable,
      3. 6.1.3. defects in the operation of the software provided to the User as part of the Service will be corrected.
    2. 6.2. No terms, warranties, or other provisions (including any implied terms regarding satisfactory quality, fitness for a particular purpose, or compliance with description) apply to the Service, except those explicitly stated in the Terms.
    3. 6.3. These Terms do not affect the operation of rights provided by law, inherent to the User as a consumer, which, by virtue of the contract, the User cannot change and from which they cannot waive.
    4. 6.4. These Terms do not exclude or limit the liability of IPEYE for causing losses to the extent that such liability cannot be excluded or its effect cannot be limited by applicable law.
    5. 6.5. Subject to compliance with the terms of the Agreement, IPEYE is not liable to the User for any indirect or consequential losses that the User may incur. This includes any lost (directly or indirectly) profit, any damage to business reputation or intangible assets, and any loss of data incurred by the User; any loss or damage that the User may incur as a result of:
      1. 6.5.1. relying on the completeness, accuracy, and availability of any advertising or as a result of any relationships between the User and any advertiser or sponsor whose advertising is placed on the Service;
      2. 6.5.2. any changes that IPEYE is entitled to make to the Service, or as a result of the termination (on a permanent or temporary basis) of the provision of the Service (or any individual function of the Service);
      3. 6.5.3. the deletion, failure, or inability to store any information and other communication data contained in the Service or transmitted through the use of the Service;
      4. 6.5.4. the User not providing IPEYE with accurate information during registration or not indicating it in the Personal Account;
      5. 6.5.5. the User not being able to ensure the security and confidentiality of their password or other data contained in the Personal Account or specified during User registration.
    6. 6.6. The limitation of IPEYE's liability to the User, specified in paragraph 6.5, applies regardless of whether IPEYE was aware of the possibility of such losses occurring.
    7. 6.7. If the User is prohibited by the laws of their country from using the Internet or there are other legislative restrictions, including age restrictions for access to such software, the Licensee is not entitled to use the Service. In this case, the User is solely responsible for using the Service on the territory of their country in violation of local legislation.
  7. Protection of the Personal Account and User Information
    1. 7.1. IPEYE considers information about the User's use of the Service, as well as the content of video streaming and video recording sessions, to be confidential information. The Service does not monitor Users' video streams and recordings.
    2. 7.2.1. The User agrees that they are responsible for maintaining the confidentiality of passwords associated with any Personal Account used by the User to access the Service. Therefore, the User agrees that they bear sole responsibility to IPEYE for all actions taken when using their Personal Account.
    3. 7.2.2. The User bears personal responsibility for any information they post in the Personal Disk Space, as well as using the Service.
    4. 7.3. The User agrees to immediately notify IPEYE if they become aware of any unauthorized use of their password and Personal Account data.
    5. 7.4. If, under this Agreement, IPEYE receives personal data of individuals from the User, then IPEYE undertakes to process personal data strictly in accordance with the principles and rules for processing personal data provided for by the legislation of the Russian Federation. The User transfers personal data to IPEYE for the purpose of providing the right to use the Service specified in this Agreement and entrusts IPEYE with their processing, carried out using automation tools or without the use of such tools, including collection, recording, systematization, accumulation, storage, clarification (updating, changing), extraction, use, transfer (provision, access), depersonalization, blocking, deletion, and destruction of personal data.
    6. 7.5. The User gives unconditional consent to the transfer, processing, and storage by IPEYE of information containing the User's personal data and agrees that it will be stored by IPEYE and processed exclusively for the purpose of fulfilling this Agreement in accordance with Federal Law No. 152-FZ dated July 27, 2006, "On Personal Data" and other applicable regulatory legal acts.
    7. 7.6. IPEYE considers information about the use of the Service, as well as the content of video streaming and video recording sessions, to be confidential information not subject to disclosure. IPEYE does not monitor the User's video streams and recordings and does not transfer information about Users, video content, and stored data to third parties, except in cases where this is necessary to comply with or prevent violation of current legislation or the legitimate rights and interests of third parties.
    8. 7.7. The Client agrees that they are responsible for maintaining the confidentiality of passwords associated with any account used by the User to access the Service. Therefore, the User agrees that they bear sole responsibility to IPEYE for all actions taken when using their account.
    9. 7.8. The User is obliged to comply with all requirements of the legislation and other regulatory legal acts regarding the processing and transfer of personal data of individuals that are transferred to IPEYE. All personal data received by IPEYE from the User are assumed to be obtained legally in compliance with the provisions of the legislation on personal data. The User acknowledges that their violation of the procedure for handling personal data does not impose any liability on IPEYE and deprives the User of the right to make claims against IPEYE regarding the violation of the personal data regime, unless such a violation was committed by IPEYE, provided that the User complies with all the requirements of the current legislation on the handling of personal data.
    10. 7.9. IPEYE is not obliged to moderate, review, edit files posted by Users within the Service, or control them, and cannot guarantee that files posted by the User within the Service do not violate the provisions of this Agreement, legal acts, or other documents. The User acknowledges and agrees that IPEYE is not obliged to review data of any kind posted and/or distributed through the Service. The User understands and agrees that they must independently assess all risks associated with the use of data posted using the Service, including assessing the reliability, completeness, security, legality, or usefulness of this data.
  8. Information Provided During the Use of the Service
    1. 8.1. The User acknowledges that the person who provided such information is responsible for any information (such as audio files, video files, and other images) that may be accessible as part of the Service or through the use of the Service.
    2. 8.2. The User understands that such information provided as part of the Service, including but not limited to advertising within the Service and information posted by sponsors within the Service, may be the subject of intellectual property rights, which are protected and belong to sponsors or advertisers who place such information on IPEYE (or other persons or companies on their behalf). The User is not entitled to modify, lease, lend, sell, distribute, or create derivative works based on such information (in whole or in part), except in cases where such actions have been explicitly permitted by IPEYE or the owners of such information under the terms of a separate agreement.
    3. 8.3. IPEYE reserves the right (but is not obligated) to pre-check, review, mark, select, modify, prevent from posting, or remove any part or all of the information from the Service.
    4. 8.4. The User understands that when using the Service, they may encounter information that they may consider offensive, unworthy, or indecent in nature, in which case the User uses the Service at their own risk.
    5. 8.5. The User agrees that they bear sole responsibility (and that IPEYE is not responsible to the User or any third parties) for any information they create, transmit, or display on the screen while using the Service, as well as for all consequences of such actions (including any losses or damages that IPEYE may incur).
  9. Property Rights
    1. 9.1. The User agrees that IPEYE owns all proprietary and non-proprietary rights to the Service, including any intellectual property rights to the Service (regardless of whether such rights are registered or not, and regardless of the jurisdiction where such rights may arise).
    2. 9.2. The User acknowledges that the Service may contain information that IPEYE considers confidential, and the User is not entitled to disclose such information without the prior written consent of IPEYE.
    3. 9.3. Except where otherwise agreed with IPEYE in writing, no provisions of these Terms grant the User the right to use any trade names, trademarks, service marks, logos, domain names, brands, or other distinctive signs of IPEYE.
    4. 9.4. IPEYE agrees that it does not acquire any proprietary or non-proprietary rights from the User regarding information that the User transmits through the use of the Service, including any intellectual property rights that may exist regarding such information (regardless of whether such rights are registered or not, and regardless of the jurisdiction in which such rights belong to the User). Except where otherwise agreed with IPEYE in writing, the User agrees that they are responsible for the protection and use of such rights and that IPEYE is not obligated to perform such actions on behalf of the User.
    5. 9.5. The User agrees not to remove, conceal, or alter any ownership notices (including copyright and trademark notices) that may be present or contained in/on the Service.
    6. 9.6. Except where otherwise explicitly permitted by IPEYE in writing, the User agrees that when using the Service, they will not use any trademarks, service marks, trade names, or logos of any organization or company in a manner or with an intent that could cause confusion in identifying the owner or authorized User of such marks, names, or logos.
  10. IPEYE License
    1. 10.1. IPEYE grants the User non-exclusive rights to use the Service.
    2. 10.2. The User is not entitled (including not entitled to allow anyone) to modify, create derivative works, disassemble the Service into component codes, decompile, or otherwise attempt to obtain the source code of the Service or any part of it, except in cases where such actions are explicitly permitted or required by law or where the User has obtained explicit written permission from IPEYE to perform such actions.
    3. 10.3. Except where IPEYE has provided the User with written permission to perform such actions, the User is not entitled to assign (or sublicense) the rights to use the software or otherwise transfer any part of the User's rights to use the software.
  11. Service Updates
    1. 11.1. The software used by the User as part of the Service may automatically download and install updates provided by IPEYE. These updates are designed to improve or develop the Service and may be provided in the form of separate bug fixes, enhanced features, new software modules, or completely new versions. The User agrees to receive and allows IPEYE to provide such updates as part of using the Service.
  12. Advertising and Other Information on the Service
    1. 12.1. The provision of some services from the Service is funded by advertising revenue, and the Service may contain advertisements. The order, form, and volume of advertisements placed by IPEYE on the Service may change without providing separate notice to the User. The User agrees that IPEYE has the right to place advertisements in the services.
    2. 12.2. The Service may include hyperlinks leading to other websites or resources. IPEYE may not have control over any websites or resources provided by other companies or individuals.
    3. 12.3. The User agrees that IPEYE is not responsible for the availability of any such external sites or resources and does not provide its approval for any advertising, products, or other material available on such sites, resources, or through the use of such sites or resources.
    4. 12.4. The User agrees that IPEYE is not responsible for any losses or damages that may be incurred as a result of the provided opportunity to access such external sites or resources.
  13. Termination of Relationship with IPEYE
    1. 13.1. The Terms are applicable until their termination at the initiative of the User or at the initiative of IPEYE, as specified below.
    2. 13.2. The User may terminate the agreement with IPEYE by providing IPEYE with notice of this at any time. The notice must be in writing and sent to IPEYE's address: info@IPEYE.ru.
    3. 13.3. IPEYE has the right to terminate the agreement with the User at any time if:
      1. 13.3.1. The User has violated any provision of the Terms (or has taken actions that clearly indicate that the User does not intend or is unable to comply with the provisions of the Terms);
      2. 13.3.2. IPEYE must do so by law (for example, in cases where providing the User with the Service is or becomes illegal);
      3. 13.3.3. A IPEYE partner, with whom IPEYE offers the Service, has terminated its relationship with IPEYE or no longer offers the Service;
      4. 13.3.4. IPEYE terminates the provision of the Service to Users located in the territory of the state of which the User is a resident or from the territory of which the User uses the Service;
      5. 13.3.5. Providing the User with the Service by IPEYE, in IPEYE's opinion, is no longer commercially beneficial.
    4. 13.4. Termination of these Terms does not affect any rights, obligations, and liabilities applicable to the User or IPEYE (or arising during the term of the Terms) or in respect of which it is explicitly stated that their effect is not limited in time.
  14. Cost of Services
    1. 14.1. The cost of using the Service services is presented in the "Tariffs" section at https://ipeye.ru/index.php?route=page_tariffs.
    2. Regardless of the User's location or the location of their equipment, Russian law applies to all relations related to the use of the Service, and any claims or disputes arising from the use of the Program must be filed and considered in the court at the location of IPEYE.
    3. 14.2. IPEYE has the right to change the cost of services presented in the "Tariffs" section at https://ipeye.ru/index.php?route=page_tariffs, notifying the User no less than one month before the change in tariffs or before the introduction of new tariffs for the use of the Service services.
  15. Other Terms
    1. 15.1. These Terms and the relationship between the User and IPEYE are governed by the current legislation of the Russian Federation. The User and IPEYE agree to submit to the exclusive jurisdiction of the courts of the Russian Federation in the event of any disputes arising in connection with these Terms.
    2. 15.2. When IPEYE provides a translation of the Terms from Russian, the User agrees that such a translation is provided solely for the convenience of familiarization, and the relationship with IPEYE is governed by the Russian-language version of the Terms.
    3. 15.3. In case of contradictions between the Russian-language version of the Terms and its translation, the Russian-language version of the Terms takes precedence.
    4. 15.4. The User agrees that, despite what is stated in paragraph 15.1, IPEYE has the right to apply legal remedies in the form of imposing an injunction (or similar immediate legal remedies) in any jurisdiction.
    5. 15.5. If any court with the necessary jurisdiction to resolve the relevant issue decides that any provision of these Terms is invalid, such provision shall be excluded from the Terms and shall not affect the validity and enforceability of the other provisions. The other provisions of these Terms shall continue to remain in effect and enforceable.
    6. 15.6. In the event of a violation of the Agreement by the User, IPEYE may take the following actions against the User in any order depending on the situation:
      • Send the User a warning containing a list of violations;
      • Send the User a repeated warning containing a list of violations;
      • Unilaterally block the User's access to the Service and cancel the User's Personal Account.

      In this case, IPEYE is obliged to return to the User the amount of money in the User's Personal Account on the Service at the time of termination of the Agreement upon the User's written request, in accordance with paragraph 15.8 of the Agreement.

      If such violations have caused harm to third parties, the responsibility for them lies entirely with the User.

    7. 15.7. During the term of the Agreement, IPEYE reserves the right to moderate information posted by the User that propagates hatred and/or discrimination based on race, ethnicity, gender, religion, or social status; promotes the use of narcotic and other substances harmful to health; calls for inhumane treatment of animals; violates the rights of national and other minorities; contains calls for violent actions; or violates the rights of authors and other intellectual property owners.

    8. 15.8. IPEYE undertakes to return the funds in the User's Personal Account on the Service within 5 (five) banking days from the date of receipt of the User's written request for the return of funds. The total cost of Paid Services (according to the List of Paid Services) that were received by the User will be deducted by IPEYE from the amount of funds in the User's Personal Account on the Service.

      The request for the return of funds must contain at least the following information:

      • If payment was made by a legal entity through a bank transfer: the full name of the legal entity, the number and date of the payment order, the details from which the account was replenished;
      • If the account was replenished by an individual through a bank transfer: the surname, name, and patronymic of the payer, address, number and date of the payment order, details from which the account was replenished;
      • If the account was replenished using a bank card: the surname, name, and patronymic of the payer, address, name of the bank, surname, name, and patronymic of the cardholder, the number of the card from which the account was replenished;
      • If the account was replenished using a payment system: the surname, name, and patronymic of the payer, address, name of the payment system, number of the wallet from which the account was replenished.

Edition dated December 27, 2024