This End User License Agreement (the “EULA”) sets out the terms and conditions that apply to the use of the Cyber Polygon platform (the “Platform”) and shall be executed between “BiZone” LLC and the User.
1. Terms and definitions
1.1. Licensor. “BiZone” Limited Liability Company (“BiZone” LLC), PSRN 1167746317210, address: Office 515, 4, Bld. 2, Olkhovskaya St., Moscow, 105066, Russia.
1.2. Platform. The Licensor’s website comprising a set of computer software and databases within the meaning of Articles 1261 and 1334 of the Civil Code of the Russian Federation, the exclusive rights to which belong to the Licensor.
The Platform provides the User with the Content and website functionality as described in this EULA.
1.3. Content. Presentations, speeches, articles, photos, and tasks for technical training, as well as any other materials in written, audio, or video format posted on the Platform.
1.4. User. A person who directly uses the Platform on behalf of a Participating Organization.
1.5. Participating Organization. A team that participates in trainings on the Platform.
1.6. Interface. A set of software and (or) visualization tools of the website that provide the User with the Platform’s functionality.
1.7. Personal Account. A private section of the website, which is accessed through a unique username and password for using the Platform.
1.8. User Account. The User’s individual username and password enabling the User to access the User’s Personal Account and to execute this EULA.
2. General provisions
2.1. This EULA sets out the terms and conditions for the User’s use of the Platform.
2.2. The Licensor grants the User the right to use the Platform based on a simple (non-exclusive) license (the “License”) and in accordance with its functional purpose.
Unless otherwise stipulated by any other rules published on the Platform, the License shall be granted royalty-free.
2.3. The purpose of using the Platform is for the User to access the Platform’s functionality in order to participate in trainings available on the Platform as well to view, listen to, and read the Content.
2.4. Any use of the Platform or the Content is allowed only with permission from the Licensor, unless otherwise provided for by this EULA.
“BiZone” LLC (PSRN 1167746317210, address: Office 515, 4, Bld. 2, Olkhovskaya St., Moscow, 105066, Russia) holds the exclusive rights to the Platform, including the software that enables the use of the Platform.
The exclusive rights to the Content belong to the User or the Licensor who has provided the respective Content.
2.5. Any breach of the terms of this EULA by the User while using the Platform and the Content shall be considered as misuse and infringement on the rights of the Licensor and (or) third parties and shall entail liability under the law of the Russian Federation and other applicable laws.
2.6. The Licensor provides one User Account per User to access the Personal Account by registering on the Platform.
2.7. After the User has been provided with a Personal Account as specified in item 2.6 of this EULA, the Licensor grants the User the right to use the Platform by providing the User with remote access to the Platform via the Internet using the Interface. The User shall not be provided with Platform instances and/or copies on tangible media.
2.8. The Licensor may at any time unilaterally change any item of this EULA, whether with or without special written notice to the User and (or) third parties, by publishing a new version of this EULA in the Interface at least ten (10) calendar days before it takes effect.
By using the Platform after a new version of this EULA comes into effect, the User automatically accepts the new version, and the provisions therein shall be considered as fully binding on the User.
2.9. The User shall be deemed to have fully and unconditionally entered into this EULA once the User takes actions to use the Platform, including the User’s acceptance of this EULA, searching for, viewing, and listening to the Content, and other actions involving the use of the Platform’s functionality within the meaning and in the manner specified in Item 5, Article 1286 of the Civil Code of the Russian Federation.
With each use of the Platform, the User expresses his or her consent to the terms and conditions of the EULA version effective at the time. This EULA shall apply to all subsequent updates and new versions of the Platform.
2.11. The License shall be valid for one year upon registration on the Platform. Upon expiry, the License is renewed for another year provided that the parties do not object thereto and the User continues to use the Platform.
2.12. The License is valid worldwide.
2.13. This EULA constitutes neither a public offer nor a public document.
3. Usage of the Platform
3.1. The Platform grants Users role-based access in accordance with the following rules.
3.1.1. Participating Organization. A User representing a legal entity may participate in trainings on the Platform subject to the training rules published on the Platform. The Participating Organization and the Licensor may publish on the Internet the information about the Participating Organization’s involvement in trainings on the Platform and include the trademarks of the Participating Organization and the Licensor for the duration of this EULA. The parties shall agree in writing on the texts, trademarks, and the methods of their placement prior to the publication.
The Licensor shall have the right to cite and broadcast the training with a public display of the Participating Organization and its representatives in any media, including the Internet and publications on social media.
3.3. The User may use the Platform’s functionality to the extent provided thereto by the Licensor. The Licensor may unilaterally change the Platform’s functionality and the set of features available to the User.
3.4. Only the User is allowed to use the Platform, its functionalities, and the Content.
3.5. When using the Platform or the Content, it is prohibited to:
3.5.1. use anonymous proxy servers;
3.5.2. take actions aimed at exploring the Platform’s structure and the program code contained therein;
3.5.3. infringe on third-party rights when using the Platform and the Content;
3.5.4. upload any Content that is not copyrighted by the User, or if the User has no rights to use the Content owned by third parties;
3.5.5. use the Platform or the Content in bad faith and for the purposes that violate the law of the Russian Federation or any other applicable law;
3.5.6. disclose the data of the User Account (including temporary and permanent passwords) to third parties;
3.5.7. transfer information obtained through the Platform to third parties, unless otherwise provided for in this EULA;
3.5.8. use the Content, information, and other Platform elements to create copyright items (including databases);
3.5.9. redevelop the Platform, inter alia, create derivatives (including modifications);
3.5.10. reverse engineer the Platform or its elements;
3.5.11. mention the Platform in publications and presentations without giving reference to the Licensor and without the Licensor’s written consent;
3.5.12. use the Platform and (or) the Content in a manner and to the extent not expressly permitted by this EULA and the law of the Russian Federation, as well as when such usage violates the terms of this EULA and the law of the Russian Federation.
3.6. The right holder who provided the Content to the Licensor shall be liable for the User’s use of such Content on the Platform, including the uploading of the Content that the User was not authorized to upload. If third parties or public authorities, including foreign ones, lodge claims against the Licensor in connection with the Content being misused on the Platform, the User shall independently settle all issues with such parties and indemnify the third party and the Licensor against all damages.
3.7. This EULA is signed with a simple electronic signature, where the User Account serves as a means of signing with a simple electronic signature.
3.8. The parties agree to consider the signing of this EULA by means of a simple electronic signature as equivalent to signing in simple written form.
3.9. The Licensor reserves the right to require that this EULA be signed in writing and that the signed copies be exchanged bilaterally.
3.10. The User shall take care to secure the User Account and not disclose it to third parties. The User may not transfer the User Account to third parties or allow third parties, whether directly or indirectly, to use the User Account to sign in to the Platform.
3.11. Any action performed in the Interface via the User Account shall be deemed as actions performed by the User and appeal to the User’s responsibility and liability with respect to such actions, including the liability for breaching the terms of this EULA and the provisions of applicable laws in relation to personal data and the Content.
If the User has reasonable grounds to suspect that the User Account may have been compromised or used by unauthorized third parties, the User shall immediately change the User Account by sending a request to email@example.com for the Licensor to automatically generate and send a new password to the User.
3.12. The Licensor may:
3.12.1. use available solutions to verify the legitimacy of the Content and the incorporation data—TIN, KPP (Tax Registration Reason Code), PSRN, etc.—using the website https://egrul.nalog.ru/index.html;
3.12.2. use personal data in a statistical and depersonalized form without using confidential information, information whose distribution is restricted by law, and without correlating such information with the User to form a database; grant other Users, public and other competent authorities, and third parties the right to use these data as well as to use the data to provide services to third parties or for their own needs;
3.12.3. deny the use of, remove, or refuse to provide the Content uploaded by the User to the Platform, either in whole or in part, if the Licensor considers such Content to be inaccurate, irrelevant, unreliable, or inconsistent with this EULA.
3.12.4. restrict the User’s access to the Platform by blocking the respective User Accounts, IP addresses, or ranges of IP addresses wherefrom the Platform is accessed in order to preclude or prevent a violation of this EULA and (or) infliction of damage to the Licensor (including but not limited to DDoS attacks or other actions not authorized by the Licensor);
3.12.5. when the User uses the Platform under the terms of this EULA, restrict the functionality of the User Account if the User fails to comply with at least one obligation stipulated in this EULA;
3.12.6. suspend the User’s access to the Platform if the User breaches the terms of this EULA until such breach is remedied;
3.12.7. interrupt the User’s access to the Platform to carry out scheduled or emergency/contingency maintenance without prior notice.
3.13. When using the Platform, the User undertakes to provide only accurate information and shall be liable for using the Content. The Licensor may request to, while the User shall, upon the receipt of such request, provide information confirming the accuracy and legality of the use of the Content as well as the User’s authority to provide personal data.
3.14. When using the Platform, the User shall:
3.14.1. provide accurate information about the organization on behalf of which the User uses the Platform;
3.14.2. read the documentation about the Platform and use the Platform in strict compliance with the scenarios described in the documentation;
3.14.3. take liability for any negative consequences resulting from improper use of the Platform’s functionality;
3.14.4. avoid actions that may lead to the Platform’s denial of service, in particular, DDoS attacks or other actions that are not authorized by the Licensor;
3.14.5. change the passwords at least once in every sixty (60) days; not use the passwords that are already used to access other systems;
3.14.6. use trusted networks to access the Platform to avoid leakage of confidential information;
3.14.7. maintain the confidentiality of the User Account.
4.1. Any unauthorized use of the Platform or the Content is a violation of the Licensor’s and (or) third parties’ rights and entails criminal, civil, and other liability under the law of the Russian Federation.
4.2. If the User breaches this EULA or fails to perform the obligations hereunder, the Licensor may block the User’s access to the Platform with or without the simultaneous termination of hosting and displaying the Content uploaded by the User.
4.3. If a third party lodges a claim against the Licensor for infringing on its rights as a result of the User’s illegal actions, or the Licensor receives a prescription, warning, or another instruction from a competent public authority or is involved in legal proceedings as a result of the User’s illegal actions, the User shall indemnify the Licensor against all losses incurred.
4.4. When using any information obtained through the Platform, including the Content, the User agrees that the Platform is not intended to serve any particular purpose of the User, and is provided to the User on an “as is” basis—that is, free of any warranty.
4.5. The Licensor makes no warranties and assumes no liability for any third-party Content uploaded to the Platform.
4.7. The relations between the parties under this EULA shall be governed by the law of the Russian Federation.