1. General Provisions
1.1. This public offer (hereinafter — the Offer) sets out the procedure for the provision of access to the amicon.ai / amicon.su website and the Amicon / Amicon Studio mobile application (hereinafter jointly — the Platform) and the rules for the use of their functionality by Users. The Offer is published by individual entrepreneur Erkhov Andrey Viktorovich (OGRNIP 326620000043721, INN 622709706110), operating under the commercial designation Amicon (hereinafter — Amicon). 1.1.1. On any matters connected with the use of the Platform, the User may contact Amicon at the email address hello@amicon.ai. 1.2. The Offer governs the relations connected with registration, authorisation and the operation of the personal account, Projects and the Project chat on the Platform. It does not replace or govern the commercial terms for the development of software, websites, applications and other results (scope, cost, deadlines, acceptance, payment, rights to the development results, including the granting of licences). Such terms are determined by a separate software development contract (hereinafter — the Development Contract) concluded between the Customer and the Contractor. 1.3. In the event of a conflict between this Offer and the Development Contract on matters of the performance, acceptance and payment of the work, the rights to the development results and liability for the development result, the Development Contract prevails. On matters of the use of the Platform (account, access, chat, notifications, technical availability), this Offer prevails. 1.4. The User undertakes to read this Offer and Amicon's Personal Data Processing Policy (hereinafter — the Policy) in full before registering on the Platform. Registration constitutes the full and unconditional acceptance of the Offer (Article 438 of the Civil Code of the Russian Federation). 1.4.1. A person using the Platform without registration, including a person viewing its pages and contacting Amicon through the interactive chat (hereinafter — a Visitor), accepts this Offer in the part applicable to the use of the Platform without registration. By commencing use of the Platform, the Visitor confirms such acceptance. 1.4.2. The interactive chat is intended for enquiries to Amicon and is available without registration. By sending a message to the interactive chat, a Visitor or a User confirms that they have read the Policy and gives consent to the processing of the data contained in the message, including its automated analysis using generative artificial intelligence technologies and its cross-border transfer, in the manner and on the terms provided for by the Policy. 1.4.3. The consent provided for by clause 1.4.2 may be withdrawn in the manner established by the Policy; the withdrawal of consent entails the cessation of the use of the interactive chat. Amicon recommends that the personal data of third parties and other information not required for the consideration of the enquiry not be provided in the interactive chat. 1.5. By accepting the Offer, the User agrees that the use of the Platform and of its interface (pressing buttons, clicks), the making of payments (where such payments are provided for) and other actions provided for by the functionality of the Platform constitute the User's personal expression of will in respect of Amicon's services for the provision of access to the Platform. 1.6. Upon each subsequent access to the Platform, the User uses it in accordance with the version of the Offer in effect at the time of such access. 1.7. The Offer enters into force from the moment of its publication on the Platform and remains in effect until it is withdrawn by Amicon. 1.8. Access to the functionality of the Platform is provided to the User free of charge. If a fee is introduced for individual functions of the Platform, its amount and the payment procedure are published on the Platform, and such functions are enabled only with the User's prior consent.
2. Terms and Definitions
Offer — this user agreement on the procedure for the use of the Platform. Platform — the amicon.ai / amicon.su website, the Amicon / Amicon Studio mobile application and related services. User — an individual or legal entity registered on the Platform. Visitor — a person using the Platform without registration, including a person contacting Amicon through the interactive chat. Profile — a User's account on the Platform. Project — a workspace on the Platform for organising interaction between Project participants (correspondence, files, statuses). A Project on the Platform does not constitute a standalone development contract. Stage — an intermediate phase of the implementation of a Project. The composition, content, deadlines and payment procedure for the stages of work are determined by the Development Contract and the annexes thereto. Goal — the formulated result of a Project. Project chat — a section of a Project for the exchange of messages and files between Project participants. Interactive chat — a service available on the Platform for contacting Amicon, including without registration; it does not constitute a Project chat. Customer — the User designated in a Project as the customer and conducting communication on the Project on behalf of the client side. Observer — a User added to a Project in order to view information, without the right to take decisions under the Development Contract and without the powers of the Customer on the Platform. Closure of a Project — the cessation of the use of the workspace and the Project chat on the Platform. The closure of a Project does not amount to the termination of the Development Contract. Development Contract — a contract between the Customer and the Contractor for the performance of work on the development of software, a website or another result, concluded separately from this Offer. Contractor — the party to the Development Contract that performs the development work. The terms of the Development Contract, including the determination of its parties, are not established by this Offer.
3. Registration and Account
3.1. Registration is possible using an email address. Upon completion of registration, the User obtains access to the Profile. 3.1.1. Registration is available to persons who have reached the age of 18. The Platform is not intended for use by persons who have not reached that age; Amicon does not purposefully collect their personal data and may block the Profile where such use is detected. 3.2. There may be only one Profile for one email address. 3.3. In order to access the Profile, the User uses the login credentials specified upon registration. 3.4. Recovery of the login credentials, in the event of their loss, is carried out by the User independently using the functionality of the Platform. 3.5. The User may not sell, lease or give away the login credentials or the Profile to third parties. The User must maintain the confidentiality of the login credentials and is liable for any acts and/or omissions resulting in the disclosure, loss or theft of the login credentials. 3.6. The Parties recognise the User's login credentials as a simple electronic signature, and the messages, files and other documents sent using such credentials in the interface of the Platform and in the Project chat as signed with the User's simple electronic signature, in the manner permitted by Articles 160 and 434 of the Civil Code of the Russian Federation and by Federal Law No. 63-FZ of 6 April 2011 On Electronic Signature. 3.6.1. The person who has signed an electronic document is deemed to be the User to whom the Profile used to send such document belongs. The signing person is determined by the Profile identifier (email address) recorded in the logs of the Platform. The User must maintain the confidentiality of the login credentials in accordance with clause 3.5. 3.7. Actions performed on the Platform using the User's login credentials are deemed to have been performed by the User personally, and the User is liable for such actions. 3.7.1. In the event of the loss or disclosure of the login credentials, or upon the detection of signs of third-party access to the Profile, the User immediately changes the password using the tools of the Platform. 3.8. Amicon grants the User a non-exclusive right to use the Platform within the limits of its functionality for the period of use of the Platform. This Offer does not grant the User any rights to the development results — neither an exclusive right nor a licence; such rights are granted solely on the terms of the Development Contract.
4. Rules for the Use of the Platform
4.1. Obligations of the User: • to act in good faith and to comply with the applicable law and with this Offer; • to carry out only such activity for which the User holds the necessary rights, licences, registrations, permits and certificates; • to post on the Platform only accurate, up-to-date and lawful information; • not to post information capable of misleading Amicon or other Users; • not to infringe the intellectual and other rights of third parties; to bear independent liability for the lawfulness of the materials posted; • not to affect the business reputation of Amicon by the User's actions. 4.2. The User is prohibited from: • obtaining unauthorised access to the information, Profile or login credentials of another User, including by means of deception, abuse of trust or hacking; • misleading other Users or Amicon, or impersonating another person or that person's representative without sufficient authority; • disrupting the normal functioning of the Platform, circumventing technical restrictions, or using malware, automated scripts, viruses and other means of circumventing the ordinary manner of use; • posting unlawful, offensive, discriminatory or politically motivated content, materials infringing the copyright and other rights of third parties, and content that is inconsistent with business practice and with the applicable law.
5. Projects and Chat on the Platform
5.1. A Project on the Platform is created in order to organise interaction in respect of specific work. The creation of a Project may be initiated by the Customer or by Amicon. 5.2. Participation in a Project is confirmed by the inclusion of a party in the composition of the Project participants: where the Project is created by the Customer, participation is confirmed by Amicon; where the Project is created by Amicon, participation is confirmed by the Customer. Conducting correspondence in the Project chat confirms participation in the Project on the Platform but does not replace the conclusion, amendment or termination of the Development Contract. 5.3. Where a party does not wish to participate in a Project, it must state this expressly in the Project chat and cease the exchange of information within such Project. 5.4. The Project chat operates on a single-window basis: it records the correspondence, the exchange of files and the chronology of interaction in respect of the Project. Amicon ensures the preservation of the history of the Project correspondence and files and the User's access to them within the limits of the functionality of the Platform. The legal significance of messages and files for the User's relations with the User's counterparties is determined by the contracts concluded between them. 5.5. The functionality of the Project chat makes it possible to exchange messages and files and to send and receive clarifications, comments and confirmations. The procedure for the use of such correspondence in the performance of the Development Contract is determined by the Development Contract. 5.6. Information from the Project chat may be duplicated to the Customer's email. The Customer independently configures notifications in the interface of the Platform and bears responsibility for the non-receipt of notifications and duplicate messages by email where the Customer disables them by means of the functionality available to the Customer on the Platform. 5.7. At the Customer's request and with Amicon's consent, Observers may be included in a Project. Observers may view Project information but do not take decisions on the scope, deadlines, cost or acceptance of the work. Contact in respect of a Project is by default maintained between the Customer and Amicon. 5.8. At the Customer's request and with the consent of Amicon and of the Observer, the rights of the Customer on the Platform may be transferred to one of the Observers; in that case the current Customer is designated as an Observer. There may be only one Customer in a single Project. The designation or change of the Customer in the interface of the Platform does not change the party to the Development Contract without the written consent of the Contractor under the Development Contract and, where necessary, the conclusion of a contract or a supplementary agreement with the new Customer. 5.9. Upon a change of the Customer on the Platform, the new Customer assumes the obligations of organising interaction within the Project on the Platform, including the preservation of access to the chat history and to the Project materials. Commercial obligations (payment, acceptance, scope of work) are determined by the Development Contract and not by this Offer. 5.10. The closure of a Project on the Platform means the cessation of the use of the workspace and the Project chat. The closure of a Project does not amount to the termination of the Development Contract and does not determine the procedure for settlements, refunds or the transfer of results — those matters are governed by the Development Contract. 5.11. Amicon ensures the confidentiality of the information, files and correspondence posted by Users in a Project and does not disclose them to third parties, with the exception of the persons engaged in order to ensure the functioning of the Platform (including hosting providers and related services) and the cases provided for by law. 5.12. Functionality for displaying information on the operability of the User's software, including information on errors and failures, may be available on the Platform. Such functionality is provided as and when available and does not constitute a guarantee of continuous monitoring.
6. Rights of Amicon and of the User
6.1. Amicon may send the User service messages necessary for the operation of the Platform and the performance of this Offer, including messages concerning registration and the confirmation of the email address, the recovery of access, events in a Project and in the Project chat, amendments to the Offer and to the Policy, and technical and preventive maintenance work. Such messages do not constitute advertising. Amicon does not send messages of an advertising nature to Users. 6.2. Messages may be sent to the contact details specified in the Profile: email address, mobile telephone number, and by means of the Platform (push notifications). 6.3. Amicon may contact the User in order to collect feedback on the use of the Platform. 6.4. Amicon may refuse to provide access to the Platform or block the Profile where the User breaches the Offer. Amicon gives notice of the blocking to the User, stating the reason, and, where the breach is remediable, allows a reasonable period for its remedy. The blocking of the Profile neither terminates nor alters the obligations assumed by the User under other contracts. 6.5. Following the cessation of the use of the Platform, Amicon may delete the account data in the manner provided for by the Policy, subject to the statutory obligations to retain certain information. 6.6. Amicon may suspend the operation of the Platform for scheduled preventive and repair work, as well as for unscheduled work in emergency situations, giving Users advance notice of scheduled work where this is possible. Amicon is not liable for the User's losses, lost profit or indirect losses resulting from the suspension of the operation of the Platform, unless otherwise provided for by mandatory rules of law. 6.7. Amicon may update the interface, functionality and services of the Platform at any time at its own discretion. 6.8. The Customer may initiate the creation of a Project, configure notifications of messages in the Project chat and request that Amicon add or remove an Observer, as well as change the Customer on the Platform in the manner provided for by Section 5. 6.9. Amicon may initiate the creation of a Project, use for communication with the Customer all of the communication channels specified by the Customer or only the Project chat, add and remove Observers, and designate an Observer as the Customer at the request of the current Customer and with the consent of the Observer being designated — subject to compliance with the requirements of Section 5 and, where necessary, the conclusion of a contract with the new Customer. Amicon may refuse such designation without stating reasons.
7. Liability
7.1. Amicon undertakes to make reasonable efforts to ensure the operability of the Platform but does not guarantee its uninterrupted operation. 7.2. Amicon is not liable for and does not compensate the User's losses where the User is unable to use the Platform for any of the following reasons: • technical malfunctions of server equipment or communication channels, or loss of internet access; • errors, interruptions or defects in communication lines and other technical failures; • unauthorised interference by third parties (including DDoS attacks, viruses); • the User's loss of access to the Profile, including where there are signs of unauthorised use; • the removal, blocking or restriction of the distribution of the mobile application, or the blocking of the developer account in the App Store, Google Play, RuStore or other application stores, including as a result of changes to their rules, the imposition of sanctions restrictions, decisions of state authorities and other circumstances beyond Amicon's control; • the occurrence of force majeure circumstances. 7.2.1. In the event of the removal, blocking or restriction of the distribution of the mobile application in application stores, Amicon makes reasonable efforts to preserve the User's access to the Platform by other available means, including through the web version of the Platform and by providing the application installation file for self-installation. Such means are provided as and when technically and legally possible and do not constitute a guarantee of uninterrupted access. 7.3. Amicon is not responsible for the content of Users' messages and files in the Project chat, does not carry out any prior legal review of them and is not a distributor of user content. Liability for the performance of development work is determined by the Development Contract. 7.4. Amicon's liability to the User under this Offer is limited to the amount of the fee actually paid by the User for a function of the Platform that was not provided to the User. Where no fee has been charged for the use of the Platform, no compensation is payable under this Offer, except in the cases provided for by clause 7.4.1. That limitation does not extend to the cost of the work under the Development Contract, liability under which is determined by that Contract. 7.4.1. The limitation established by clause 7.4 does not apply in cases where a limitation of liability is not permitted by law. 7.5. Amicon is not responsible for the transfer or the receipt of the User's funds in payment for the services of the Platform. The terms of use of the payment methods are determined by the agreements between the User and the relevant payment acceptance organisations. 7.6. Amicon is not liable for lost profit, indirect losses or other losses incurred by the User through no fault of Amicon, including in connection with the User's breach of this Offer or with the posting of information on the Platform. 7.7. Upon the occurrence of force majeure circumstances which the Parties could not have foreseen or prevented, neither Party may claim compensation for losses (including lost profit) for the non-performance of obligations under this Offer during the period of such circumstances. 7.7.1. The Party affected by force majeure circumstances gives notice to the other Party within 10 (ten) working days from the date of their occurrence. The User sends the notice to hello@amicon.ai, and Amicon sends it in the interface of the Platform or to the email address specified in the Profile. 7.8. The User is liable for the actions performed on the Platform using the User's login credentials, including the actions of employees and other persons who have obtained access to the Profile, and for the losses arising in connection with the unauthorised use of the Profile, subject to clauses 3.7–3.7.1. 7.9. Amicon is not liable for the actions of third parties resulting in the theft or loss of the login credentials, or for the User's losses connected therewith. 7.10. The limitations of liability provided for by this Section apply only to Amicon's obligations to provide access to the Platform and its functionality and do not apply to the obligations under the Development Contract; liability under the Development Contract is determined by that Contract. 7.11. Where the User is a consumer, this Offer applies to the User in the part that is not inconsistent with Law of the Russian Federation No. 2300-1 of 7 February 1992 On Protection of Consumer Rights. The terms of the Offer that restrict the rights of such a User as compared with that law do not apply to the User.
8. Handling of Claims
8.1. Disputes connected with the use of the Platform are resolved by negotiation, in compliance with the pre-action claim procedure provided for by clause 8.2. Where agreement is not reached, the dispute is subject to consideration by a court in accordance with the rules of jurisdiction established by the legislation of the Russian Federation. 8.2. Before applying to a court in respect of disputes concerning the use of the Platform, the User sends a written claim to hello@amicon.ai, attaching the documents confirming the circumstances and the requirements. The period for consideration is 30 calendar days from the date of receipt. 8.2.1. Amicon sends a claim to the User at the email address specified in the Profile, with the same period for consideration. Compliance with the procedure provided for by clause 8.2 is mandatory for the User only in the cases where a pre-trial dispute settlement procedure is provided for by law. 8.3. Disputes concerning the performance, acceptance and payment of the work and the rights to the development results are resolved in the manner established by the Development Contract.
9. Miscellaneous
9.1. The Offer is valid for an indefinite period until it is withdrawn and is governed by the legislation of the Russian Federation. 9.2. Amicon may amend the Offer. A new version enters into force from the date of its publication on the Platform, unless another date is specified. Notice of a new version of the Offer is given in the interface of the Platform. 9.3. Continued use of the Platform after the publication of a new version of the Offer constitutes agreement with the amendments. Amendments to the Offer do not alter the terms of a Development Contract already concluded without the consent of the parties to such Contract. 9.4. Amicon may suspend the provision of access to the Platform where the User breaches the obligations provided for by Section 4, giving the User notice stating the reason and allowing a reasonable period for the remedy of the breach where it is remediable. 9.5. The User may at any time terminate the effect of the Offer in respect of the User by deleting the Profile using the tools of the Platform or by sending a request to hello@amicon.ai. The deletion of the Profile is carried out in the manner provided for by the Personal Data Processing Policy and does not terminate the User's obligations under the Development Contract or under other contracts concluded by the User. 9.5.1. Amicon may terminate the effect of the Offer in respect of a User in the event of a material or irremediable breach of the Offer by the User, giving the User notice stating the reason, and also in the event of the withdrawal of the Offer (clause 1.7). 9.6. This Offer represents all of the terms agreed between Amicon and the User in respect of the use of the Platform and supersedes any previous arrangements on this subject, unless otherwise expressly agreed by the parties. 9.7. The Russian-language version of the current version of the Offer is permanently available on the Platform at https://amicon.ai/terms/, and its English-language version at https://amicon.ai/en/terms/. In the event of any discrepancy between the versions, the Russian-language version prevails. 9.8. This Offer applies together with the Development Contract. The commercial terms of development are determined by the software development contract signed by the Customer and the Contractor for each project.