This document is a public offer of the Limited Liability Company 'Konstanta' (OGRN: 1047828003321, INN 7817046936), hereinafter referred to as the 'Contractor', and contains all essential terms of the agreement for providing the Client with a range of services of the ICVS (IPEYE CLOUD VIDEO SERVER) cloud video surveillance service, offered by the Contractor on this website and other platforms, including mobile ones. In accordance with Article 437 of the Civil Code of the Russian Federation (hereinafter the Civil Code), upon acceptance of the terms set forth below, the person accepting the offer becomes the Client (in accordance with paragraph 3 of Article 438 of the Civil Code, acceptance of the offer is equivalent to concluding a Contract on the terms set forth in the offer), and the Contractor and the Client together are referred to as the Parties to the Contract. By accepting this offer, the Client confirms that a) they have fully familiarized themselves with the terms of the offer and accept its conditions, b) they fully understand the subject of the offer and the contract concluded by accepting the offer.
The following terms are used in this Agreement:
IPEYE – OOO "Константа", ITIN: 7817046936
Service is a collection of software means that provide functional possibilities for receiving, processing and sending information intended for remote viewing of video streams from Users cameras and for storing a video archive from Users cameras available on the Internet on: ipeye.ru
User is a physical or legal entity using the Service.
Personal Account is a section for registered Users which contains all the basic tools necessary for working with the Service. After the registration process, the visitor becomes the authorized User of the website.
The access to the service is the possibility to use theService.
Paid services chargeable services provided to the User by IPEYE in accordance with the terms of this Agreement via the Service.
Business account is a system of accounting for funds on the Service for payment transactions of the User and IPEYE that can be found in the User’s Personal Account.
Moderation is IPEYE ´s looking through the information that is posted (or the information which is planned to be posted - Premoderation) on the IPEYE Website checking it for compliance with the provisions of the Agreement.
- Subject of the Agreement
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1.1. The usage of the Service’s website is regulated by the terms of this Agreement between the User and IPEYE (hereinafter referred to as the «Terms»).
1.2. The use of the Service (unless otherwise agreed with IPEYE in written form) means the User’s agreement with all the provisions of these Terms.
1.3. These Terms and other documents referred to in the Terms represent a full legal agreement between the User and IPEYE and they regulate the use of the Service, and also completely replace any prior agreements between You and IPEYE with respect to the Service.
- Accepting the Terms
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2.1. The user must give his consent to the Terms in order to use the Service. User does not have the right to use the Service if he does not accept the Terms.
2.2. The User accepts the Terms in the following cases:-
2.2.1. The user has selected the option «I accept the terms of the service usage» if such option is provided by IPEYE in the User’s interface of the Service;
2.2.2. The User actually uses the Service. In this case, the User understands and agrees that IPEYE will regard the User’s use of the Service as acceptance of the Terms from the correspondent time.
- Modification of the Terms
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3.1. IPEYE reserves the right at any time to make changes to these Terms, which come into effect from the moment of their publication. When making such changes, IPEYE will provide a new version of the Terms.
3.2. If the User disagrees with the changes in the Terms, the User must stop using the Service. Continued use of the Service means the use under the modified Terms.
3.3. The User agrees that IPEYE has the right to send notifications, including the notifications of changes to the Service, via e-mail, regular postal communication or by posting the information in the Service.
- Provision of the Service
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4.1. IPEYE has the right to implement new developments to provide the Users with the best service. The User agrees that the form and nature of the Service provided by IPEYE may change without the prior notice.
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 individual Service functions to all the Users or one User in particular without prior notice.
4.3. The User has the right to stop using the Service without informing IPEYE about this.
4.4. The User acknowledges and agrees that if the IPEYE deprives the User of the access to the Personal Account, the User may lose the access to the Service, to the information of the User’s Personal Account and to any files or other information contained in the Personal Account.
4.5 If the User uses the IPEYE service not in accordance with the tariffs specified at the following address: http:// ipeye.ru/index.php?route=page_tariffs , then the IPEYE has the right to switch the user to another tariff (first of all, after sending the notification to the User by e-mail indicated in the User’s personal account, no earlier than three days after the notification. In case of recurrences it will be done in the automatic mode, with sending the notifications to the User’s e-mail). The new tariff will correspond to the characteristics of the data flow transmitted from the device(s) of the User to the IPEYE service
4.6 The User tracks the bit rate of the cameras himself in case of using the tariffs with permanent recording. The size of the assessed average daily recording, if the tariffs are based on the motion detection received from the camera, or on the detection of movement, carried out by the IPEYE service, regulates the sensitivity of motion detection.
- Service usage
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5.1. In order to access the Service, it may be necessary for the User to provide an e-mail address (e-mail) upon registration for the beginning of using the Service or during the authorization process in order to continue using the Service. The user agrees that any information provided for IPEYE during the registration process will always be accurate, correct and relevant.
5.2. The User agrees to use the Service solely for the purposes permitted by the Service and by any applicable laws, regulations, generally accepted practices or guidelines in the relevant jurisdiction (including any laws relating to the export of data and software from or to Russia or other countries).
5.3. The User agrees not to (and not to try to) get the access to the Service in any other way except accessing it via the interface provided by IPEYE. Only the cases when such actions were explicitly authorized by a separate agreement with IPEYE can be considered an exception
5.4. The User agrees not to engage in any activity that prevents from the provision of the Service (or impedes the work of the corresponding servers or networks that are connected with the Service) or violates its provision.
5.5. The User agrees not to reproduce, duplicate, copy, sell, perform trade operations or resell the Service for any purpose, unless such actions were explicitly permitted by the terms of a separate agreement with IPEYE
5.6. The User agrees that he or she is solely responsible (and that IPEYE is not liable to the User or any third parties) for any violation of the User’s obligations established by these Conditions, and for all the consequences of such violations (including any losses or damages that IPEYE may sustain).
- Disclaimer of Warranties and Limitation of Liability
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6.1. The service is provided «as it is», and IPEYE does not provide the Users with any warranties regarding the Service. IPEYE does not provide any assurances or warranties that:
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6.1.1. The use of the Service will meet the requirements of the User; the use of the Service will not be interrupted; it will be available at any convenient for the User time; it will be safe or will not be subject to errors or failures,
6.1.2. any information received as a result of the use of the Service will be accurate and valid,
6.1.3. defects in the operation of the software provided to the User as part of the Service will be corrected.
6.2. No conditions, warranties or other provisions (including any implied terms regarding satisfactory quality, relevance to a particular purpose or compliance with the description), other than those expressly stated in the Terms, are applied to the Service.
6.3. These Terms do not affect the force of the rights provided for by law, inherent in the User as a consumer, which by virtue of the agreement, cannot be change and cannot be refused by the user.
6.4. These Terms do not exclude or limit the liability of IPEYE for causing damages to the extent that such liability cannot be excluded or its effect cannot be restricted by the applicable law.
6.5. If the terms of the agreement are observed, the IPEYE shall not be liable to the User for any indirect or consequential damages that the User may incur. This includes any directly or indirectly lost benefit, or any damage caused by business reputation or intangible assets, and any loss of data sustained by the User; any loss or damage that the User may incur as a result of:-
6.5.1. the fact that he relied on the completeness, accuracy and the existence of any advertisement or as a result of any relationship between the User and any advertiser or sponsor whose advertisement is placed on the Service;
6.5.2. any modifications that IPEYE has the right to make in the Service, or as a result of the termination (on a permanent or temporary basis) of the provision of the Service (or any particular function of the Service);
6.5.3. the deletion, failure or impossibility of saving any information and other communication data contained in the Service or transmitted through the use of the Service;
6.5.4. the fact that the User did not provide IPEYE with the exact information upon the registration or did not specify it in the Personal Account;
6.5.5. the fact that the User was not able to ensure the safety and confidentiality of his or her password or other data contained in the Personal Account or indicated by the User during the registration.
6.6. The limitation of the liability of the IPEYE to the User that is specified in clause 6.5 is subject to implementation, regardless of whether the IPEYE knew about the possibility of such losses.
- The Protection of Personal Account and User Information
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7.1. IPEYE considers the information about the use of the Service by the User, as well as the content of the video broadcasts and video recordings to be confidential information. The Service does not monitor the video broadcasts and video recordings of the Users and does not transmit the information about the Users to the third parties.
7.2. The User agrees that he is responsible for maintaining the confidentiality of the passwords connected with any Personal Account used by the User for accessing the Service. Consequently, the User agrees that he is solely responsible to IPEYE for all the actions committed while using his Personal Account.
7.3. The User agrees to immediately notify IPEYE if he becomes aware of any unauthorized use of his password and Personal Account data.
- Information provided during the use of the Service
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8.1. The User acknowledges that the responsibility for any information (such as sound files, video files and other images) that may be accessed by him either as part of the Service or through the use of the Service shall be borne by the person who provided such information.
8.2. The User understands that such information provided as part of the Service, including the advertising within the Service but not limited to it, and the information provided by Sponsors under the Service, may be the intellectual property object, the rights for which are protected, and they belong to sponsors or advertisers (or other people or companies on their behalf) who post such information in IPEYE. The User is not entitled to make changes, rent out, transfer on loan terms, sell, distribute or create derivative works based on such information (in whole or in part), unless such actions have been explicitly authorized by IPEYE or by the owners of such information in accordance with the terms of a separate agreement.
8.3. IPEYE reserves the right (but is not obliged) to perform preliminary checking, viewing, marking, selecting, modifying, preventing the placement, or removing the part or all of the information from the Service.
8.4. The User understands that when using the Service, it may disclose the information that may be deemed to contain abusive, unworthy or obscene data. In such a case the User uses the Service at his own risk.
8.5. The User agrees that he is solely responsible (and that IPEYE is not liable to the User or to any third parties) for any information that it creates, transmits or displays on the screen during the use of the Service, as well as for all the consequences of such actions (including any loss or damage that may be incurred by IPEYE).
- Property rights
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9.1. The User agrees that the IPEYE possesses all the property and non-property rights with regard to the Service, including any intellectual property rights in relation to the Service (regardless of whether such rights are registered or not, and regardless of jurisdiction where such rights may arise).
9.2. The User acknowledges that the Service may contain information that will be considered confidential by IPEYE, and the User is not entitled to disclose such information without the prior written consent of IPEYE
9.3. Except the cases when otherwise is agreed upon with the IPEYE in writing, no provisions of these Terms give the User the right to use any trade names, trademarks, service marks, logos, domain names, brands, or other distinctive signs of IPEYE
9.4. IPEYE agrees that it does not acquire any property or non-property rights from the User in relation to the information that the User communicates through the use of the Service, including any intellectual property rights that may exist with respect to such information (regardless of whether such rights are registered or not, as well as regardless of the jurisdiction in which such rights belong to the User). Unless otherwise agreed with IPEYE in writing, the User agrees to be responsible for the protection and the use of such rights and that IPEYE is not obliged to perform such actions on behalf of the User.
9.5. The User agrees not to delete, hide or alter any of the rights (including copyright and trademark) signs that may or may not be contained on the Service.
9.6. Except the cases when otherwise is expressly permitted by IPEYE in writing, the User agrees that, when using the Service, he will not use any of the trademarks, service marks, trade names or logos of any organization or company in the way or with such an intention that this could cause confusion in the identification of the owner or of the authorized User of such signs, names or logos.
- IPEYE license
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10.1. IPEYE provides the User with non-exclusive rights to use the Service.
10.2. The user is not entitled (and not entitled to allow anyone) to modify, create derivative works, disassemble the Service into component codes, decompile or attempt to obtain the source code of the Service or any of its parts in any other way, except the cases when such actions are expressly permitted or when they are required in accordance with the law or when the User has directly received the written permission of IPEYE for such actions.
10.3. Except the cases when IPEYE has provided the User with the written permission to perform such actions, the User shall not be entitled to concede (or grant) the right to use the software or transfer any part of the User’s rights to use the software in any other way.
- Service Updates
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11.1. The software used by the User within the Service can automatically download and install updates provided by IPEYE. Such updates are designed to improve or develop the Service, and can be provided in the form of separate fixes for software errors, improved features, new software modules, or completely new versions. The User agrees to receive and authorize IPEYE to provide such updates as part of the Service.
- Advertising and the Other Information on the Service
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12.1. The provision of certain services of the Service is financed by advertising revenue, and the Service may contain advertising. The order, form and the amount of advertising placed by IPEYE on the Service may change without notifying the User. The user agrees that IPEYE is entitled to advertise in services.
12.2. The service can include hyperlinks leading to other websites or to other resources. IPEYE may not have the control over any websites or resources provided by the other companies or individuals.
12.3. The user agrees that IPEYE is not responsible for the availability of such external sites or resources and does not approve of any advertisements, products or other materials available on such websites, resources or through the use of such sites or resources.
12.4. The user agrees that IPEYE is not responsible for any loss or damage that may result from the provision of access to such external websites or resources.
- Termination of Relations with IPEYE
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13.1. The Terms are subject to application until the moment of their ceasing to be effective on the initiative of the User or on the initiative of IPEYE, as indicated below.
13.2. The User can terminate the agreement with IPEYE if he provides IPEYE with the notifications about it at any time. The notification must be in writing and must be sent to the following address of IPEYE: info@ipeye.ru
13.3. IPEYE has the right to terminate the agreement with the User at any time if:-
13.3.1. The user has violated any provision of the Terms (or has performed the acts that clearly indicated that the User had no intention or was unable to comply with the provisions of the Terms);
13.3.2. IPEYE must do this by virtue of the law (for example, in cases where the provision of the Service to the User is or becomes illegal);
13.3.3. the partner of IPEYE, together with which IPEYE offers Service, terminated his relationship with IPEYE or does not offer the Service anymore;
13.3.4. IPEYE terminates the provision of the Service to the Users located on the territory of the State of which the User is a resident or from the territory of which he uses the Service;
13.3.5. the provision of Service to the User by IPEYE is no longer commercially viable according to the opinion of IPEYE.
13.4. Termination of these Terms does not affect any rights, obligations and liabilities applicable to the User or to IPEYE (or those which occurred during the force of the Terms) or for which it is expressly stated that their operation is not limited by time.
- Other Conditions
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14.1. 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.
- to send a warning containing a list of violations to the User;
- to send a repeated warning containing a list of violations to the User;
- to block User’s access to the Service, cancel the User’s Personal Account on a unilateral basis.
- when paying from a legal entity by bank transfer: the name of the legal entity, the number and date of the payment order, the requisite elements from which the account is replenished;
- when replenishing an account from the private entity via the bank transfer: the surname, first name and patronymic of the payer, the address, number and date of the payment order, the requisite elements from which the account was replenished;
- when replenishing the account by means of a bank card - the surname, first name and patronymic of the payer, address, bank name, surname, first name and patronymic of the cardholder, card number with the help of which the account was replenished;
- when replenishing the account through the payment system - the last name, first name and patronymic of the payer, the address, the name of the payment system, the number of the purse from which the account was replenished
14.2. In the provision of the translation of the Terms from the Russian language to IPEYE, the User agrees that such a translation is provided solely for the convenience of familiarization, and the relations with IPEYE are governed by the Russian version of the Terms.
14.3. In the event of the contradictions between the Russian version of the Terms and its translation, the version of the Terms in Russian shall prevail.
14.4. The User agrees that, regardless of what is stated in clause 14.1, he agrees that IPEYE is entitled to take remedial action in the form of an injunction (or similar immediate remedy) in any jurisdiction.
14.5. If a court that has the jurisdiction necessary to resolve a relevant issue decides that any provision of these Conditions is void, such provision shall be excluded from the Terms and shall not affect the validity of other provisions of these Terms. Other provisions of these Terms continue to be valid and enforceable.
14.6. In the event of violation of the terms of the Agreement by the User, IPEYE may take the following actions with respect to the User in any order, depending on the situation:At the same time, IPEYE is obliged to return to the User the amount of funds that are on the User’s Business Account on the Service at the time of termination of the Agreement at the written request of the User, in accordance with clause 14.8. of the Agreement.
If such violations have caused damage to third parties, the responsibility for them lies entirely with the User.
14.7. During the validity period of the Agreement, IPEYE is entitled to execute the Moderation in cases when the information posted by the User propagates hatred and/or discrimination of people on the basis of race, ethnicity, gender, religion, or social background; promotes the use of narcotic and other drugs that are harmful to health; calls for inhuman treatment of animals; violates the rights of national and other minorities; calls for violent action; violates the rights of authors and other intellectual property rights owners.
14.8. IPEYE is obliged to return the funds that are on the User’s Business Account on the Service within 5 (five) banking days from the date of receipt of the demand for returning of funds in writing from the User. At the same time, the total value of the Paid Services (in accordance with the List of Paid Services) received by the User will be deducted by IPEYE from the amount of money on the User’s Business Account on the Service.The request for a refund should include at least the following data:
- to send a warning containing a list of violations to the User;
Edition dated 'December 27, 2024'