Terms of Service Agreement

"Platform" means the software package owned by the Administration and accessible at https://tilda.cc/.
"Account" means the User‘s account on the Platform.
"Personal account" means the Platform interface allowing the User to use the services provided by the Platform as well as create Websites and Emails.
"Website" means a website created by the User using the Platform.
"Email" means an email generated by the User for an email campaign using the Platform.
"Library" means the database containing Blocks and Templates. It constitutes a part of the Platform owned by the Administration.
"Block" means a ready-made element designed and programmed by the Administration for the purposes of creating a Website or Email.
"Template" means a ready-made combination of Blocks designed and programmed by the Administration for the purposes of creating a Website or Email.
"Content" means information, documents, and other items posted by the User on the Website or sent via Email.
"Tariff" means the total of rights and services provided to the User.

1.1. The Administration grants a non-exclusive license to use the Platform and elements of the Library and provides related services by itself, as well as through affiliated and/or subsidiary companies.
1.2. The User shall use the Platform and elements of the Library in accordance with the terms and conditions of the Agreement and the selected Tariff, and pay the fees unless otherwise provided by the Tariff.

2.1. To be able to use the Platform, the User shall register on https://tilda.cc/registration/.
2.2. Upon registration the User shall receive a unique Account and get access to the Personal account.
2.3. All actions performed in the Personal account shall be considered as actions performed by the User themselves.
2.4. The User shall be solely liable for:
a) keeping their login and password secure;
b) the consequences related to the loss of login or password and/or their disclosure to third parties.
2.5. The Administration advises the User against sharing their Account data with any third parties. In case of sharing the Account data, the User shall make third parties aware of this Agreement and undertake full responsibility for their actions.
2.6. The Platform is not intended for and may not be used by individuals under the age of 16. By using the Platform, the User confirms that he/she has reached the age of 16. Moreover, where the User is under the age of 18, he/she represents that he/she has obtained the consent of a parent or legal guardian to the terms of the Agreement.

3.1. The User has the right to use the Platform in accordance with the Agreement and current legislation of the Russian Federation.
3.2. The Administration is under no obligation to provide consulting services and technical support to the User.
3.3. The Platform is integrated with different services including analytical services, payment services, distribution services, image stocks. The Platform only provides the possibility to access such services. All issues related to the use of any such service shall be regulated by its legal documents and settled independently by the service owner and the User.
3.4. The Platform and services are provided on an “as is” basis.
3.5. The User accepts all risks connected with the use of the Platform and the services.
3.6. The Administration does not provide the User with any explicit or implicit guarantee with respect to the Platform and the services, nor does it guarantee (included, but not limited to) fitness for purpose, security, safety, accuracy, completeness, performance, system integration, uninterrupted functioning, absence of errors, failure recovery, virus-free functioning, or legitimate use in any territory outside of the Russian Federation.
3.7. The Administration shall not be liable for:
a) unavailability of the Platform for reasons beyond the Administration’s control;
b) any actions and/or omissions on behalf of service providers or suppliers of services, networks, software, or equipment;
c) distortion, modification, or loss of the Content;
d) User’s login and password security;
e) unauthorized use and/or unlawful use of the User’s login and password by third parties;
f) damage to any of the User’s devices, data carriers, and/or software resulting from the use of the Platform and/or the services;
g) the consequences of transferring Websites from one Account to another.

4.1. The Administration is the sole holder of rights to the Platform and its elements (code, design, databases, know-how, the Library, Blocks, Templates).
4.2. A non-exclusive license is limited by the "right to use", and none of the provisions of the Agreement provide the User an exclusive right to the Platform, Libraries, Blocks, or Templates.
4.3. A non-exclusive license is granted for the term of this Agreement without the right to sublicense and is valid worldwide.

The Platform and the Library
4.4. By using the Platform the User has the right to:
a) create Websites, including the use of Blocks and Templates;
b) create Emails, including the use of Blocks and Templates;
c) adjust and update Websites;
d) integrate a domain name and different services into the Website;
4.5. The User has the right to use elements of the Library (Blocks and Templates) to create the Website and Emails only using the tools provided by the Platform.

Websites and Emails
4.6. Rights to program codes of Websites and Emails, as well as the layout, are owned by the Administration.
4.7. The User is entitled to adjust and update the Website and Emails only by using the tools provided by the Platform.
4.8. The User must keep the "Made on Tilda" identifier owned by the Administration on the Websites and in Emails unless otherwise provided by the Tariff.

Content
4.9. When creating the Website, the User has to adjust images, icons, and texts in Blocks and Templates. The default items are provided exclusively for demonstration purposes. Using these items as the Content on the Website is only possible upon agreement between the User and the copyright holder.
4.10. By uploading the Content to the Platform, the User grants the Administration the right to store and process such Content for the purposes of fulfilling obligations under the Agreement, so that the Administration could ensure that the Platform functions properly on an interrupted basis, etc.
4.11. The User guarantees that the Content does not violate any intellectual property rights of third parties or any equivalent means of identification, or rights to information qualified as commercially sensitive and that such Content does not discredit honor, damage business reputation and dignity of third parties, or violate national and international law. The User is solely responsible for the Content uploaded to the Platform.

Image and Font Library
4.12. When using the images from the "Image Library" section in the Personal account, the User, in addition to the terms of this Agreement, must also be guided by the terms of the Usage Agreement for the Image Library.
4.13. When using fonts from the built-in collection, the User, in addition to the terms of this Agreement, shall also be guided by the terms of the Agreement on the Terms of Use of Fonts.

5.1. The User is entitled to copy the Website software code only under the following conditions:
5.1.1. the copying option is provided by the selected Tariff;
5.1.2. copying is made using the export function of the Website program code;
5.1.3. the Personal account contains the domain name where the Website will be published.
The User is not entitled to:
5.2.1. duplicate and/or distribute the exported software code of the Website;
5.2.2. use the exported software code of the Website to create and/or change the Website beyond the Platform;
5.2.3. make changes to the Website software code beyond the Platform with the exception of using custom code to add specific parts of the website: Header to the top of the page and footer to the bottom of the page, subject to integration with the existing Website via API.
5.2.4. publish the exported software code of the Website under domain names different than those specified in the Personal account of the User.
5.3. The User has the right to back up the software code of Emails in order to use it for the mailing services.
5.4. The User is not entitled to export or use elements of the Library (Blocks and Templates) separately from the Website or Email.

6.1. The Administration shall provide the User with the following services:
a) providing a sub-domain of the third level in the _____.tilda.ws format;
b) providing space on the server for publishing the Website.
6.2. The Platform shall automatically generate the domain address. The User has the right to change the domain address in the Personal account.
6.3. The Administration does not provide any guarantee that the sub-domain address shall be reserved for the User and has the right to withdraw it unilaterally.
6.4. The Administration does not guarantee the functionality and integrity of the server on which the space for the Website is provided. The User assumes the risk of loss related to Website failures and the loss of Content.
6.5. The Administration shall have the right to refuse the User the service of providing space on the server to host the Website in the event that the Website creates a high load on the server and/or interferes with the stable operation of the Platform and/or creates any kind of threats to the Platform, including those that may have an adverse impact of any kind on the Platform and/or the Administration.

The User has no right to:
7.1. Use the Platform, Libraries, Blocks, and Templates in a manner not provided directly by the Agreement.
7.2. Modify, adjust, transfer or create derivative products based on the Website and Library elements, or integrate the Website and Library elements in other copyright products;
7.3. Attempt avoiding technical limits set by the Platform.
7.4. Decompile, disassemble, decipher, or perform any other actions involving the source code of the Platform.
7.5. Export the Website in violation of the provisions of the Agreement.
7.6. Remove the "Made on Tilda" identifier from the Website, unless otherwise provided by the selected Tariff.
7.7. Carry out any actions aimed at concealing the "Made on Tilda" identifier, including using the CSS-Code.
7.8. Use the Platform and the Website to publish, distribute, store, transfer the Content in any form that:
a) is unlawful, harmful, threatening, defamatory, inciting to violence against any person or group of persons, or to inhuman treatment of animals; calls for committing illegal actions, including an explanation of the procedure of the use of explosives and other weapons; violates the generally accepted ethical and moral standards; promotes hatred and/or discrimination, or contains negative and critical statements regarding religion, politics, as well as political and public figures, electoral associations (political parties, organizations, movements, etc.) and other individuals, race, ethnicity, gender, personal features, abilities, sexual orientation and appearance of third parties, contains insults addressed to specific individuals or organizations;
b) can be seen as promoting certain political and religious beliefs, violence, drug use, alcohol, and smoking;
c) may be perceived as propaganda of political views, the main purpose of which is to distribute ideas and information aimed at forming particular attitudes, perceptions, the attractiveness of such ideas, opinions about the superiority of such political views or such political direction over others, and at the same time it is not aimed exclusively at informing the population about an organization, union, their structure, functions, activities, program, etc.;
d) contains public appeals to mass disorder, participation in mass events violating the established order, carrying out terrorist activities or publicly justifying terrorism, other extremist materials, false socially significant information distributed under the guise of reliable messages, which puts the public order and (or) public safety under threat of mass disruption;
e) violates the rights of minors;
f) violates the rights of third parties to their intellectual property and equivalent means of individualization, or the right to information qualified as the commercial secret; discredits honor or damages business reputation and dignity of third parties, or violates national and international law;
g) contains information that may not be disclosed;
h) contains malicious software (viruses, worms, Trojans, or any other computer codes, files, or programs) designed to interrupt, destroy or limit the functionality of any computer or telecommunications equipment (or parts thereof), in order to obtain unauthorized access, or to gain access to commercial software products, by providing serial numbers of logins, passwords, programs for their generation and other means to gain unauthorized access to the paid content, as well as for publishing links to the information above;
i) is qualified as spam, i.e. mailing without consent of the recipient of any messages, whether commercial or not, in a form of (including, but not limited to): advertising products whose turnover is prohibited or restricted in accordance with the legislation of the Russian Federation; messages containing social and/or religious or mystical content with a call for further distribution of such messages ("chain emails"); lists of other people’s email addresses; "pyramid schemes", multilevel marketing (MLM); referral links; online earnings systems and online businesses;
j) violates the laws of the Russian Federation, national law, and/or norms of international law;
k) may be used for illegal collection, storage, and processing of personal data of any third parties;
l) contains advertisements and/or offers of spa salons providing erotic services or any other services of a kind.
7.9. Use the Platform and (or) the Website to:
a) disrupt the functioning of the Platform, including publishing elements that impede the exchange of information in real-time, opening additional browser windows, substituting functional elements of the interface, etc.;
b) place links to resources if their content violates current Russian legislation and international laws;
c) disseminate false information regarding their involvement in the activities of the Administration and/or its partners;
d) contribute to any activities aimed at avoiding restrictions and bans imposed by the Agreement, or at violating current legislation;
е) create or publish sites of microfinance organizations or sites of any legal entities carrying out activities in the field of issuing credits and/or loans of any kind, entering into cash advance agreements, providing services equivalent to pawnshop activities, except for the credit institutions (banks) and pawnshops having all necessary licenses and/or other authorization documents. Any such documents must be published by the User on the Website and remain accessible to the public;
f) create pages used exclusively to redirect to third parties websites;
g) use the account as a transfer account in order to bypass limitations set for the tariffs, including, but not limited to, for the purposes of making a profit or deleting the "Made on Tilda" identifier and/or exporting the project to such transfer account;
h) place links to websites with gambling, information about gambling, about methods and techniques of gambling; promoting gambling, cash games, or lotteries that are accessed online on the Internet; providing the possibility to download programs for electronic computers that allow participating in a game of chance or lottery.
7.10. Change the domain name and/or copy and/or transfer to another account a website, the content and/or part of the content of which violates the provisions of the applicable law and/or the Agreement, and in relation to which a restriction and/or blocking is imposed, including for the purpose of bypassing the restriction and/or blocking of such website.
7.11. Publish a website that has been banned on the territory of any state on the Platform.

8.1. The Administration has the right to immediately block the Website and/or the User’s Account in case of:
a) detected violation of the provisions of this Agreement by the User;
b) violation of current legislation by the User;
c) receiving claims from the third parties claiming violation of their rights by the User;
d) receipt of a relevant request from the state authorities.
8.2. Blocking means the impossibility of Internet users to have access to the content of the Website.
8.3. The User undertakes to take all measures to remedy the violation.
8.4. If the Website is blocked on the basis of a claim from a third party indicating a breach of its rights by the User, the latter is entitled to continue using the Website only upon condition that the Administration is notified in writing by the claimant that the dispute has been settled and there are no pending claims for an alleged breach of the third party's rights.
8.5. In case of blocking due to receipt of a request from a state agency, including Federal Service for Supervision of Communications, Information Technology, and Mass Media (Roskomnadzor), the User’s access to the Website shall be blocked. In this case, the Website shall not be unblocked until the Administration receives official notification from the competent state authority, including Roskomnadzor, stating that there are no pending claims or charges against the User whose account has been blocked, or with respect to any projects created or published by the User.
8.6. The Administration has the right to deny access to the User and to block the Website if the latter contains hidden advertising of goods and/or services that are prohibited by the laws of the Russian Federation, national law, and/or norms of international law.
8.7. In case of failure to remedy the violation or the repeated blocking of the Website, the Administration has the unilateral right to delete the Account including all connected Websites, Content, and data.

9.1. The selection of Tariffs is available on https://tilda.cc/pricing/.
9.2. Tariffs may be changed unilaterally by the Administration. In that case, the cost of the prepaid period shall not be changed.
9.3. Once registered, the User has the right to run the free version of the Platform. The Administration may provide the User the possibility to use the fee-based Tariff features during a trial period.
9.4. In order to switch to a fee-based Tariff on a regular basis, the User shall pay for the services by means provided by the Platform. It is possible to switch between fee-based Tariffs subject to the condition that the fee of the new Tariff is paid in full.
9.5. Tariff payment is made on a 100% advance payment basis.
9.6. The payment date is a date when funds are credited to the account of the Administration.
9.7. Where the funds are returned upon request of the payment organization, the payment shall not be considered as completed.
9.8. The fee shall consist of the license fee (95%) and the service fee (5%), with:
a) for Users operating or located in the Russian Federation, the license fee is not subject to VAT on the basis of Article 149 (2.26) of the Tax Code of Russia.
b) for Users located in the EU countries and not having a permanent representative office in Russia, the total amount of the fee is not subject to VAT on the basis of Article 148 (1.1.4) of the Tax Code of Russia. If the User referred to in this sub-clause assumes a possible obligation to withhold VAT from payments made by them, the Administration recommends that the User consults with a tax advisor or accountant to independently account for VAT in the User's VAT declaration under the reverse-charge procedure at the prevailing VAT rate in the User's jurisdiction.
9.9. The Administration does not issue invoices to persons who are not payers of value-added tax and taxpayers exempt from the duties associated with the calculation and payment of tax.
9.10. Failure to use the services does not release the User from their payment obligations.
9.11. Upon expiration of the Tariff period, it shall be automatically extended for the same period. The Administration shall proceed with the automatic withdrawal of the corresponding amount from the User payment card based on the current Tariff.
9.12. The User has the right to cancel the auto-payment function or to notify the Administration of their intention not to extend the fee-based Tariff no later than three (3) days prior to expiration thereof.
9.13. When switching from a fee-based Tariff to a free Tariff, the User must adjust the Personal account in accordance with the terms of the free Tariff.
9.14. When making the first payment for the Tariff, the User shall allow the Administration and its partners to store information about their payment card, and agrees that the Administration is authorized to charge the payment card for the following purposes:
a) implementation of the auto-payment function;
b) writing-off other charges in connection with the Agreement;
c) payment of the User’s debts under the Agreement.

10.1. Adjusting, updating, and upgrading the Platform without the User’s consent or their prior notification.
10.2. Setting up any restrictions on the use of the Platform.
10.3. Deleting the User’s Account if at the time of its deletion such Account is:
a) based on the free Tariff.
b) not used by User,
where either of the above lasts for six or more calendar months.
10.4. Sending messages, notifications, requests, advertisements, and information to the User by itself, as well as through affiliated and/or subsidiary companies.
10.5. Sending information on webinars, videos, and other information about the Platform to the User.
10.6. Publishing the "Made on Tilda" identifier on the Website.
10.7. Accessing the User’s Personal account to monitor the functioning of the Platform
10.8. Carrying out maintenance works that may result in a temporary suspension of the Platform’s functioning.
10.9. Restoring the User’s access to the Account in case of its hacking, loss, or change of login/password, if all of the following conditions have been fulfilled:
a) the Account uses a fee-based Tariff;
b) the User has complied with all necessary conditions specified in the instruction for the access recovery (its copy can be provided at the User’s request).
10.10. Returning the Website/pages of the Website transferred to another account under the control of the original User where:
a) the Account uses a fee-based Tariff;
b) the Administration qualifies the actions of the User being in possession of the Website/pages of the Website as committed in bad faith.

11.1. The Administration shall process the personal data of the User for the purposes of execution of the Agreement in accordance with the requirements established by the Federal Law "On Personal Data" of 27.07.2006 No. 152-FZ (hereinafter — the Federal Law On Personal Data) and the General Data Protection Regulation (GDPR) (EU) 2016/679.
11.2. The procedure of processing and protecting personal data is established by the Privacy Policy available at https://tilda.cc/privacy/.
11.3. No personal data collected by the User on the Websites shall be collected by the Administration, and the latter shall only provide computing capacity that can be used by the User for personal data collection.
11.4. In case the User performs processing of third parties' personal data, they shall be solely responsible for compliance with the appropriate measures for the protection of personal data in accordance with the requirements of the Federal Law On Personal Data, the General Data Protection Regulation (GDPR) (EU) 2016/679, and other laws and regulations, including in terms of obtaining appropriate permits, publishing necessary documents and information on the Website.

12.1. The Administration shall not be liable for direct or indirect loss of profits of the User.
12.2. Responsibility of the Administration under the Agreement shall not exceed the amount of the relevant Tariff paid by the User.
12.3. In case the Administration receives claims, demands, and/or claims of violation of third parties' rights related to the violation of guarantees provided by the User, the latter shall assume liability for their settlement and compensate the Administration against damages.

13.1. The Agreement comes into force as of its acceptance and is valid until the User’s Account is deleted.
13.2. The Account can be deleted:
a) upon User’s request,
b) on the grounds specified in Section 8 hereof.
13.3. Where the Account using a fee-based Tariff is deleted, the part of its cost representing the license fee shall not be refundable. The User has the right to request a refund for the services which have been paid for but are not used.
13.4. Upon deleting the Account, the User is not entitled in any way to use the Website, Blocks, and Templates. The Exported Website shall be deleted.

14.1. All disputes or controversies arising between the parties in connection with this Agreement shall be settled through negotiations.
14.2. If no agreement is reached by the parties, the dispute shall be settled through the pre-court settlement procedure. Response to the claim must follow within 30 days.
14.3. Should the parties fail to reach an agreement, the dispute shall be settled by the court at the Administration’s location.
14.4. Disputes related to payments under Section 9 of the Agreement made by Users whose location is not the Russian Federation shall be submitted for consideration and resolution to the competent court located in Dublin, Republic of Ireland.

15.1. The parties to this Agreement shall be exempt from liability for failure to perform or improper performance of obligations, if this is caused by force majeure, except for the User's obligations to pay for non-exclusive license and/or services provided by the Administration, its affiliates and/or subsidiaries, at the moment of force majeure.
15.2. Force majeure means extraordinary and unavoidable circumstances under the given conditions, which prevent the parties to the Agreement from performing their obligations.
Such circumstances include, among others: natural phenomena (earthquakes, floods, etc.), mass diseases (epidemics, pandemics, etc.), armed conflicts (military operations of any kind, military actions, war (declared or undeclared), preparations for war, revolution, insurrection, civil unrest, blockade, seizure of power, mobilization, terrorist acts, etc.), labor conflicts (strike, lockout, etc.), actions of authorities, including foreign authorities (restrictive measures of state authorities, including the prohibition of trade transactions with certain countries due to international sanctions, prohibition of any currency transactions, including the prohibition of currency transfers; acts of state or local authorities, etc.).
15.3. During the period of force majeure, the parties have no mutual claims, except as specified in clause 15.1 of this Agreement, and each party assumes the risk of consequences of force majeure.
15.4. The Administration, its affiliates, and/or subsidiaries may suspend its obligations under this Agreement for the period of force majeure.
15.5. The User has no right to demand compensation and/or indemnification of damage caused to it as a result of the inability to perform obligations due to the force majeure.

16.1. The Agreement may be amended or updated by the Administration at any time without notifying the User. The new version of the Agreement shall enter into force from the moment it is published on the Platform.
16.2. The continued use of the Platform after making amendments and/or additions to the Agreement shall be qualified as the User’s acceptance of such amendments and/or additions.
16.3. The Agreement shall be regulated and interpreted in accordance with the laws of the Russian Federation. Issues not regulated by the Agreement shall be settled in accordance with Russian laws.
16.4. If any of the provisions of the Agreement becomes null and void in accordance with Russian laws, the remaining provisions will remain in force, and the Agreement will be performed by the Parties in full without taking into account such provision.
16.5. This Agreement is made in Russian and its English version may be provided to the User for information. In case of discrepancies between the Russian version of the Agreement and its version in any other language, the Russian version of the Agreement shall prevail.

Legal team: legal@tilda.cc
General and technical questions: team@tilda.cc
Mailing address Ireland: Regus Pembroke House, 28 - 32 Pembroke Street Upper, Dublin 2, Ireland, D02 NT28
Mailing address Russia: Tsvetnoy Blvd., 21, building1, P.O. Box 44, Moscow, Russia, 127051
Mailing address Belarus: Lenina str., 71, Off 307, Brest region, Belarus, 225404
Mailing address Kazakhstan: Mailina str., 79/2, Almaty, Kazakhstan, 050054
Mailing address UAE: P.O. Box number: 450767, Dubai