User Agreement and Public Offer

1. General and acceptance of the offer

This User Agreement (the Agreement) governs access to and use of the taktom.ru website (the Site) and the TAktom cloud service (the Service). The Site and the Service are operated by Abdulov V, self-employed (professional income tax payer, Russia), taxpayer ID (INN) 631610850704 (the Operator).

This English text is a translation provided for convenience only. In case of any discrepancy between the English and the Russian versions of the Agreement, the Russian version shall prevail.

This Agreement constitutes a public offer within the meaning of Article 437 of the Civil Code of the Russian Federation. The offer is accepted by registering an account in the Service: when registering, the user confirms acceptance of the Agreement by ticking the corresponding box in the registration form. From that moment the Agreement is deemed concluded between the Operator and the user.

The descriptions and prices of the plans published on the Site and in the customer account form an integral part of the offer. The Operator may change the set of plans, prices and characteristics of the Service; such changes do not apply to billing periods already completed. Subscribing to a paid plan means acceptance of its terms and of the settlement procedure set out in section 3.

If you use the Service on behalf of an organization, you confirm that you are authorized to do so. If you do not agree with any provision of the Agreement, you must stop using the Site and the Service.

2. Access to the Service and your account

The functionality of the Service is determined by the selected plan. Zero-cost plans and trial periods are provided at the discretion of the Operator without any payment details and may be changed or discontinued at any time; a paid plan requires either a linked payment method or payment by invoice as described in section 3.

To register you provide your e-mail address, keep your credentials confidential and remain responsible for all actions performed under your account.

The Operator may carry out maintenance and release updates, which may result in temporary unavailability of the Service.

3. Plans, settlements and payment

Settlements are made after the service has been rendered; no advance payment is charged. Charges accrue for the actual use of the Service for every completed day at the rate of the selected plan, and at the end of the billing month an invoice is issued for the elapsed period. The service is deemed rendered as access to the Service is provided. Charges and invoices are available in the customer account; if the price of a plan is expressed in a currency other than the currency of payment, conversion is made at the rate set by the Operator on the date the charge accrues.

Payment is made using the methods available in the customer account through the payment services connected by the Operator. The payment is completed on the side of the payment service: bank card details and other payment credentials are provided by the user directly to that service and are neither transferred to nor stored by the Operator. The Operator passes to the payment service the amount, the payment description and the internal identifiers of the invoice, and receives the result of the payment in return; the payment obligation is deemed fulfilled once the payment service confirms the payment.

To have invoices paid automatically, the user links a payment method in the customer account. No funds are charged when a method is linked; some payment services temporarily hold a minimal amount to confirm the method, and the hold is released immediately. The linked method is then used to charge issued invoices without further confirmation; the user may change or unlink it at any time and may cancel the subscription — charges stop accruing, while services rendered before the cancellation remain payable. If no payment method is linked, the invoice is paid by the user in the customer account.

A customer that is an organization or a sole trader pays for the Service against an invoice issued by the Operator, by bank transfer to the account of the Operator; automatic charging does not apply in that case, and the payment obligation is deemed fulfilled once the funds are credited to the account of the Operator. To have the invoice issued and the receipt generated, the customer provides the Operator with its name and taxpayer identification number (clause 8 of part 6 of article 14 of Federal Law No. 422-FZ dated November 27, 2018).

If an invoice is not paid within the period stated in it, the Operator may limit the functionality of the Service and suspend access until the debt is settled.

The Operator applies the special tax regime known as the professional income tax and does not use cash register equipment (clause 2.2 of article 2 of Federal Law No. 54-FZ dated May 22, 2003). The receipt provided for by article 14 of Federal Law No. 422-FZ dated November 27, 2018 is issued by the Operator and delivered to the user electronically — by e-mail or as a link: for settlements made with electronic means of payment, at the time of the settlement; for other forms of non-cash settlement, no later than the 9th day of the month following the month in which the settlement was made.

Since payment is made for services already rendered, paid amounts are generally non-refundable. If a charge is incorrect, the user may send a recalculation request using the contact details below; the review period is 10 calendar days. If the error is confirmed, the overpaid amount is returned using the same payment method within 10 calendar days or, as agreed with the user, credited against subsequent billing periods.

4. Acceptable use

When using the Site and the Service you must not:

• violate applicable law or the rights of third parties;
• upload or distribute malicious code, or information whose distribution is prohibited by law;
• attempt unauthorized access to the Service, to other users data or to the Operator infrastructure;
• create excessive load, bypass technical limitations, or use automated data collection tools without the Operator consent;
• decompile or disassemble the code of the Service, or resell access to it without the written consent of the Operator.

If this Agreement is breached, the Operator may suspend or terminate access to the Service without any compensation.

5. Rights to the Service and your data

Exclusive rights to the Service, the Site and their elements (code, design, texts, graphics, trademarks) belong to the Operator or other rightholders; you are granted a limited, non-transferable right to use the Service within the selected plan.

You retain the rights to the data you place in the Service and warrant that placing it does not violate the law or the rights of third parties.

The Operator takes reasonable technical and organizational measures to protect the data but does not guarantee its absolute safety — you are advised to keep your own backup copies of important information. After the subscription ends or the account is deleted, the data may be irreversibly deleted after a reasonable period.

6. Personal data and processing on your behalf

The data required for the account and for settlements is processed by the Operator as an independent personal data operator.

If you place in the Service the personal data of your employees, clients or other individuals, you act as the operator of that data: you determine the purposes, the scope and the legal grounds of the processing, the categories of data subjects, and you ensure that the necessary consents are in place. You instruct the Operator to process such data solely in order to provide the functionality of the Service (part 3 of article 6 of Federal Law No. 152-FZ dated July 27, 2006): collection, recording, systematization, accumulation, storage, updating, retrieval, use, provision of access to the persons you authorize, blocking, deletion and destruction. The Operator does not determine the purposes of such processing and does not use the data for its own purposes; the fact that the data is stored on the infrastructure of the Operator does not by itself change this allocation of roles.

The Operator keeps such data confidential, applies the protection requirements of article 19 of the said law, grants access only to persons who need it to operate, support and secure the Service, and notifies you of incidents without undue delay. When the agreement ends, the processing stops and the data is deleted or made available for export; copies held in backups are removed as those backups are rotated.

Personal data processing by the Operator is governed by the Policy published on the Site:

Personal Data Processing Policy

7. Warranties and liability

The Site and the Service are provided on an as-is and as-available basis: to the maximum extent permitted by law, the Operator does not warrant uninterrupted or error-free operation, fitness for a particular purpose, compatibility with your hardware and software, correction of all defects, or safety of data.

The Operator is not liable for indirect damages, lost profit, loss of data or goodwill, business interruption, for the content of the data you place in the Service, for failures caused by third parties (hosting providers, telecom operators, payment services), for force majeure events, or for the content of third-party websites linked from the Site. The aggregate liability of the Operator for any claims is limited to the amount actually paid by you during the three months preceding the event giving rise to the liability.

Nothing in this Agreement limits liability that cannot be excluded or limited under mandatory provisions of applicable law.

8. Changes to the Agreement

The Operator may amend this Agreement unilaterally. A new version takes effect upon its publication on the Site unless stated otherwise; continued use of the Site or the Service constitutes acceptance of the new version.

9. Governing law and disputes

This Agreement is governed by the law of the Russian Federation. A mandatory pre-trial claim procedure applies: a claim is sent using the contact details below and is answered within 30 calendar days of receipt. Disputes not resolved through this procedure are referred to the court at the location of the Operator, unless otherwise required by applicable law.

10. Operator details and contacts

Send questions about this Agreement, claims and recalculation requests using the contact details below.

Abdulov V
Self-employed (professional income tax payer, Russia)
INN 631610850704
support@taktom.ru · +7 939 975-00-85