Tilda Publishing

Terms of Service Agreement

This terms of service agreement (hereinafter the Agreement) in accordance with the conditions of Cl. No. 437 of The Civil Code of the Russian Federation is a public offer of Obuhov Nikita Valentinovich, Primary State Registration Number of the Individual Entrepreneur (PSRN of IE) 309732819400022 (hereinafter – Administration), which is addressed to any legal person (hereinafter – User) under the following terms.

By registering via a special form on https://tilda.cc/registration/ User implicitly accepts the Agreement conditions.
Terms and definitions
Platform — the administration program complex, located at https://tilda.cc.
Account — User account on Platform.
Personal account – Platform interface whereby User may implement Platform service as well as create Sites and Emails.
Site — a website created by User by means of Platform.
E-mail — an email for email-campaign created by User by means of Platform.
Library — database with Blocks and Templates. It is a part of Platform, which belongs to Administration.
Block — ready to use element for creation of Site or E-mail, designed and programmed by Administration.
Template — ready to use combination of Blocks creation of Site or E-mail, designed and programmed by Administration.
Content — information, documents and other objects posted by User on Site or sent via E-mail.
Tariff — volume of rights and services provided to User.
1. Subject
1.1. Administration provides non-exclusive license to use Platform and Library elements and perform related services.
1.2. User shall use Platform and Library elements in accordance with The Agreement conditions and chosen tariff and pay remuneration, unless otherwise provided by The Agreement.
2. General provisions
2.1. User shall register on https://tilda.cc/registration/ in order to use Platform.
2.2. After registration User shall receive unique Account and access to Personal account.
2.3. All actions performed in Personal account shall be considered as actions performed by User himself.
2.4. User is liable for:
a) His Login and password security.
b) Consequences in case of login and password loss or/and disclosure to third parties.
2.5. Administration discommend User to share his Account data with third parties. In case of Account data sharing User must acquaint third parties with The Agreement and shall bear responsibilities for their actions.
3. Conditions of use
3.1. User has a right to use Platform in accordance with The Agreement and continuous legislation of the Russian Federation.
3.2. Administration is under no obligation to carry out consulting and technical support for User.
3.3. Platform is integrated with different services including analytical service, payment service, distribution service, image databank. Platform provides only access to services. All issues connected to service use shall be regulated by service documents and shall be solved between service owner and User independently.
3.4. Platform and services shall be provided as artificially they are.
3.5. User takes on all risks connected to Platform and services use.
3.6. Administration shall not provide User with any explicit or expected guarantees with respect to Platform and services as well as no guarantee (included, but not limited to) applicability to specific intentions, security and safety, accuracy, fullness, production, system integration, continued functionality, errors default, failures correction, virus default, legitimacy use on any territory beyond the Russian Federation.
3.7. Administration shall not be liable for:
a) Impossibility to use Platform for reasons beyond the control of Administration,
b) Any activities and/or inactivities of service providers, services, networks, software or equipment;
c) Distortion, adjustment, loss of Content;
d) User login and password security;
e) Unauthorized use and/or misuse of login and password of User by third parties;
f) Damage which can be caused by any device and data carrier and/or the software of User as a result of Platform and/or services use.
g) Effects of Sites transfer between Accounts.
4. Intellectual property
4.1. Administration is the sole owner of a right of Platform and its elements (code, design, databases, know-how, Library, Blocks, Templates).
4.2. A non-exclusive license is limited by "right to use", and none of the provisions of the Agreement shall not give User an exclusive right to Platform Libraries, Blocks and Templates.
4.3. A non-exclusive license is granted for the period of effect of the Agreement in the territory of the whole world.

Platform and Library
4.4. By means of Platform User has a right to:
a) Create Sites, also by means of Blocks and Templates;
b) Create E-mails, also by means of Blocks and Templates;
c) Adjust and update Sites;
d) Connect domain name and different services to Sites;
4.5. User has right to use elements of Library (Blocks and Templates) to create Site and E-mails only by means of Platform.

Sites and E-mails
4.6. Administration has rights to program code of Sites and E-mails as well as coding,
4.7. User has right to adjust and update Site and Emails only by means of Platform.
4.8. User shall continue keep on Sites and in Emails Administration identifier «Made on Tilda», unless otherwise provided by Tariff.

Content
4.9. When creating Site, User shall adjust images, icons, texts in Blocks and Templates. These objects shall be used exclusively for demonstration. Use objects as Content on Site is possible only in case User reaches an agreement with the right possessor.
4.10. Use shall assure, that Content does not violate third parties rights to results of intellectual activity and its equivalent means of identification, rights to information comprising commercial secret; it does not prejudice honor, business reputation and dignity of third parties as well as does not violate national and international law.
4.11. User shall provide Administration with the right to use Content in any form and by any means within Platform. The right provided under conditions of simple (non-exclusive) license and free of royalty payment for the full period of author's right effect in the territory of the whole world. The Agreement loss of effect between parties shall not withdraw this provision.
5. Export
5.1. User has right to copy Site program code only under the following conditions:
5.1.1. Tariff provides availability to copy;
5.1.2. User performs backup by means of Platform function.
5.1.3. Personal account shall have domain name where Site will be published.
5.2. User has no right to:
5.2.1. Duplicate and/or distribute Site-exported software code.
5.2.2. Use exported Site software code to create Site and/or Site changes beyond Platform.
5.2.3. Make changes to Site software code beyond Platform.
5.2.4. Publish exported Site software code under different domain names than that specified in Personal account of User.
5.3. User has right to back up software code of Email to publish in mailing service.
5.4. User has no right to export and use Library elements (Blocks and Templates) separately from Site or Email.
6. Services
6.1. Administration shall provide User with services on the following:
a) provide sub-domain of third level in format of «_____.tilda.ws»;
b) provide space on server for Site publishing.
6.2. Platform shall automatically generate domain address. User has right to change domain address in Personal account.
6.3. Administration shall not assure keeping sub-domain address for User and has right to withdraw it unilaterally.
6.4. Administration shall not assure capability and preservation on server where space provided for Site. User takes on risks of loss connected with Site failures and Content loss.
6.5. The Administration shall have the right to refuse the User the service of providing a place on the server to host the Site in the event that the Site creates a high load on the server and/or interferes with the stable operation of the Platform and/or creates all kinds of threats to the Platform, including those that have negative consequences in that or other form for the Platform and/or Administration.
7. Forbidden actions
User has no right to:
7.1. Use Platform, libraries, Blocks and Templates in a manner not provided by the Agreement.
7.2. Change, adjust, transfer or create derivative products based on Site and Library elements and integrate Site and Library elements in other results of intellectual activity;
7.3. Try to avoid technical limits proved by Platform.
7.4. Decompile, disassemble, decrypt and perform other actions with the source code of Platform.
7.5. Export Site in violation of the provisions of the Agreement.
7.6. Remove from Site the identifier «Made on Tilda», unless otherwise provided by Tariff.
7.7. Carry out any action to conceal the the identifier «Made on Tilda» including using CSS-Code.
7.8. Use Platform and Site to publish, distribute, store, transfer in any form of Content 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 a commission of illegal activities, clarifies the procedure for the use of explosives and other weapons, breaks the standard moral standards and ethical norms, promotes hatred and/or discrimination, and also contains negative and critical remarks regarding religion, politics, race, ethnicity, gender, personal characteristics, 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, non-traditional sexual orientation, violence, drug use, alcohol and smoking.
c) violates rights of minors;
d) violates rights of third parties to the results of intellectual activity and equated means of individualization, right to information comprising commercial secret; it does not prejudice honor, business reputation and dignity of third parties as well as does not violate national and international law.
e) contains information not allowed to disclosure;
f) contains malicious software (viruses, worms, Trojans or any other computer code, files or programs) designed to interrupt, destroy or limit the functionality of any computer or telecommunications equipment (or parts thereof), for unauthorized access, 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 paid content, as well as for publishing links to the information above;
g) is a spam, ie mailing without consent of recipient of commercial and non-commercial nature in a form of (including, but not limited to): advertising products which turnover is prohibited or restricted in accordance with the legislation of the Russian Federation; social and/or religious and mystical content messages with a call for further distribution of such messages ("chain emails"); lists of foreign e-mail addresses; schemes, "pyramid schemes", multilevel (multilevel) marketing (the MLM); referral links; online earnings systems and online businesses.;
h) violates law of the Russian Federation and international legal standards;
i) may be used for illegal collection, storage and processing of personal data of other parties;
7.9. Use Platform and (or) Site to:
a) Disorders of Platform, including publishing of elements that impede the exchange of information in real time, that open additional browser window, substituting functional elements of interface, etc.
b) Placement of links to resources which content contradicts the current Russian legislation and international law.
c) Dissemination false information regarding his involvement in Administration and/or its partners.
d) Assistance in any activities focused on violation of restrictions and prohibitions imposed by the Agreement, as well as a violation of the current legislation.
8. Blocking and removal
8.1. Administration has right to immediately implement blocking of Site in the case of:
a) Identification of violations of the Agreement provisions by User;
b) Identification of User's violation of Russian legislation;
c) Receipt of third party claims of a violation of their rights by User;
d) Receipt of relevant requirements from governmental agencies.
8.2. Blocking means impossibility of Internet users become familiar with the content of Site.
8.3. User shall agree to take actions to stop violations.
8.4. In case of blockage due to receipt from third parties claims of violation of their rights by User, User may use Site in future only subject to the following conditions:
a) complete deleting of the information and (or) materials, which led to anythird party claims;
b) export of Site in the manner provided by the Agreement and deleting of Site with Platform.
8.5. In case of blocking due to receipt of a request from the governmental agencies, including Roskomnadzor, unlocking of Site shall not be performed. The User has no right to publish any content located on the blocked Site on the Platform.
8.6. In case of a failure to stop violations or the repeated blocking of Sites, Administration has right to delete Account responsible for Sites, Content and data unilaterally.
9. Tariffs
9.1. Types of Tariffs are available on https://tilda.cc/pricing/.
9.2. Tariffs may change by the unilateral decision of Administration. The cost of the paid period thus shall not be changed.
9.3. Once registered User has right to use Platform by means of free Tariff. Administration may provide User with a trial period on paid Tariff.
9.4. In order to switch to a paid Tariff on a regular basis User pays for service by means proposed by the functional Platform. It is possible to switch between paid Tariffs in the event of full payment of the cost of the new Tariff.
9.5. Tariff payment shall be made on 100% advance payment basis.
9.6. Payment date shall be considered a date when funds being credited to the account of Administration.
9.7. In case of funds return under request of payment organization payment shall not be considered as completed.
9.8. Tariff amount shall be calculated by license fee (90%) and service cost (10%).
9.9. User may not use services but he shall not be released from the payment.
9.10. Upon expiration of Tarif period, it shall be automatically extended for the same or a similar period to the previous one. Administration undertakes the automatic cancellation of the corresponding amount from the User payment card in accordance with the current Tariffs.
9.11. User has right to cancel auto-payment function or notify Administration of reluctance to extend paid Tariff no later than three (3) days prior to its expiration.
9.12. When switching from paid Tariff to free Tariff, User shall adjust Personal account in accordance with the terms under which free Tariff provided.
9.13. When making the first payment for Tariff User shall allow Administration and its partners to store information about his payment card, and agree that Administration is authorized to charge the payment card for:
a) implementation auto-payment function;
b) write-off of other charges related to the Agreement;
c) payment of debt by User under the Agreement.
10. Administration has rights to
10.1. Adjust, update and upgrade Platform without User consent and notification.
10.2. Adjust any restrictions on the use of Platform.
10.3. Delete User Account which at the time of deleting for more than six calendar months:
a) is on free Tariff.
b) is not used by User.
10.4. Address messages, notifications, requests, advertising and informational nature information to User.
10.5. Send User information on webinars, videos and other information about Platform.
10.6. Publish identifier «Made on Tilda» on Site.
10.7. Access User Personal Account to monitor work of Platform.
10.8. Carry out maintenance work entailing suspension of Platform work.
10.9. Return User an access to Account in case of its hacking, loss or change of login / password at the same time under the following conditions:
a) Account is used on paid Tariff
b) User provided correct information about the payment card, from which the payment for Tariff was made.
10.10. Return Site under control of the original User, transmitted by him to another account, if:
a) Account is used under paid Tariff conditions
b) Administration considers action of User - the recipient of Site unfair.
11. Personal Data
11.1. Platform shall process personal data of User for the purpose of execution of the Agreement in accordance with the requirements established by the Federal Law "On Personal Data" from 27.07.2006 N 152-FZ.
11.2. The policy in the field of processing and protection of personal data, situated in https://tilda.cc/privacy, determines the order of processing and protection of personal data.
11.3. Platform shall not perform processing of personal data collected by user on Sites but provide computing power that can be used by User for personal data collection.
11.4. In case User performs processing of third parties personal data, User is solely responsible for compliance with the appropriate measures for protection of personal data in accordance with the requirements of 152-FZ and other laws and regulations, including in terms of obtaining appropriate permits, publishing necessary documents and information on Site.
12. Liability
12.1. Administration shall not be liable for direct or indirect loss of profits of User.
12.2. Responsibility of Administration under the Agreement shall not exceed the price paid by User for Tariff.
12.3. In case Administration receives claims, demands and/or claims of violation of third parties rights related to the violation of guarantees provided by User, User assumes liability for their settlement and compensation damage if it occurs towards Administration.
13. Term of the Agreement
13.1. The Agreement is valid from the moment of acceptance until the deleting of User Account.
13.2. Account can be deleted:
a) Upon request of User
b) On the grounds specified in section 8.
13.3. In case of Account with the current paid Tariff delete, licensing part of the remuneration shall not be refundable. User has right to demand the return of the paid-up, but not provided period of services.
13.4. After deleting Account User is not entitled in any way to use Site, Blocks and Templates. Exported Site shall be deleted.
14. Settlement of disputes and conflicts
14.1. All disputes or conflicts arising between the Parties in connection with the execution of the Agreement shall be settled through negotiations.
14.2. If no agreement by the Parties reached, disputes shall be settled in complaint procedure. Term of the response to the claim — 30 days.
14.3. If it is impossible to reach an agreement, the dispute may be referred for settlement to the Arbitration Court of Moscow.
14.4. The applicable law is the law of the Russian Federation.
15. Final Provisions
15.1. The Agreement may be amended or updated by Administration without notice to User at any time. The new version of the Agreement shall enter into force from the moment it's published on Platform.
15.2. Continued use of Platform after making amendments and/or additions to the Agreement shall be considered as acceptance of User such amendments and/or additions.
15.3. The Agreement shall be regulated and interpreted in accordance with the Russian legislation. Issues not regulated by the Agreement, shall be settled in accordance with Russian law.
15.4. If any of provisions of the Agreement becomes null and void in accordance with the Russian law, the remaining provisions will remain in force, and the Agreement will be executed by the Parties in full without taking into account this situation.
15.5. This Agreement is made in Russian language and may be provided to User for review in English. In case of discrepancies between the Russian version of the Agreement and the Agreement version in another language, the Russian version of the Agreement's provisions shall be applied.
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