Public Offer

1.1. Kanbano Service (the “Service”) means computer software produced by the Rightsholder (the “Program”); additional software modules for the Program produced by the Rightsholder, purchased, or leased; website (https://kanbano.ru, https://app.kanbano.ru, https://api.kanbano.ru), the Rightsholder’s social media pages produced by the Rightsholder, purchased, or leased; hardware (computers and network equipment) purchased or leased by the Rightsholder; utility software produced by the Rightsholder, purchased, or leased; software libraries produced by the Rightsholder, purchased, or leased; photo/audio/video materials about the Program and the Rightsholder’s website, informational emails sent to the User’s email inbox, and other services ensuring operation of the Program, additional software modules for the Program, the Rightsholder’s website, the Rightsholder’s hardware, utility software, and software libraries.

1.2. Licensed user means an individual, legal entity, individual entrepreneur, government authority, or public organization that has obtained non-exclusive rights to use the Service.

1.3. Account means the ability to use Service functionality by a specific number of licensed users. This ability is provided to the User with specific authorization credentials.

1.4. Authorization credentials mean the email address and password used by the User to access Service functionality.

1.5. Account activation means granting the User (with specific authorization credentials) the ability to use Service functionality by a specific number of licensed users.

1.6. Electronic communication channels mean communication systems operating via the Internet. They include: email, instant messaging systems, and the information exchange system between the Program and the Rightsholder’s web server (this system is used to deliver various notifications to the Program, including notifications about release of new Program versions, and for exchange of service information to improve Service quality).

1.7. Rightsholder’s partner means an individual, individual entrepreneur, or legal entity that has received non-exclusive rights from the Rightsholder to distribute Service offerings and/or provide additional services related to the Service (including consultations, user training, assistance with Program installation and setup, and Program maintenance).

2.1. The Rightsholder undertakes to grant the User (directly or through third parties) non-exclusive rights to use the Service free of charge, in accordance with the rules and conditions established by the Agreement (a simple (non-exclusive) license).

2.2. Strive-Task LLC owns intellectual rights to the Service (both exclusive rights and personal non-property rights, including authorship rights).

2.3. Subject to the User’s expression of intent and provided the Rightsholder has the ability, the Rightsholder undertakes to provide the User (directly or through third parties) additional services related to the Service, including consultations, user training, assistance with Program installation and setup, and Program maintenance. The procedure and terms for additional services are established by the Rightsholder separately.

3.1. The Agreement is considered accepted by the User if at least one of the following two conditions is met:

• The User starts Program installation (the Rightsholder or a Rightsholder’s Partner may install the Program on the User’s computer as part of additional services after receiving the User’s request).
• The User creates an account (the Rightsholder may create an account for the User after receiving the User’s request).

4.1. Access to the Service is provided to the User free of charge, without any fees, subscription charges, or other charges.

4.2. Access granting procedure:

• The User creates an account.
• The Rightsholder activates the account.

4.3. The moment at which the User acquires non-exclusive rights to use the Service is the moment when the Rightsholder activates the account.

4.4. Non-exclusive rights to use the Service are granted to the User for an unlimited period (end date not specified), unless otherwise follows from Agreement termination terms set out in Section 11.

4.5. The Rightsholder may modify Service functionality, introduce, modify, or cancel technical limitations (including limits on number of spaces, licensed users, and stored data volume), establish them, and publish corresponding information on the Service website.

5.1. New functionality and fixes of discovered Program errors and defects are implemented through release of new Program versions.

5.2. The frequency of new Program version releases is determined by the Rightsholder.

5.3. Upon release of new Program versions, the Rightsholder notifies the User via electronic communication channels.

5.4. The User updates to new Program versions independently. The Rightsholder or a Rightsholder’s Partner may install new Program versions on the User’s computer as part of additional services after receiving the User’s request.

6.1. User rights

6.1.1. Use full Service functionality free of charge for an unlimited period (end date not specified).

6.1.2. Change the number of licensed users.

• Increase and decrease of licensed users is performed free of charge. The Rightsholder and User do not perform any settlements (monetary or other) when changing the number of licensed users.
• To change the number of licensed users, the User sends a request to the Rightsholder via electronic communication channels.
• The number of licensed users cannot be reduced below one.

6.1.3. Use the Service on any number of computers.

6.1.4. Refuse to use the Service. To refuse using the Service, the User terminates the Agreement unilaterally in the procedure set out in Section 11.

6.2. User obligations

• Use the Service only within the rights provided by the Agreement.
• Provide the Rightsholder with accurate data when creating and using the Account, and update it in a timely manner.
• Not allow transfer of authorization credentials to third parties in violation of the Agreement.

6.3. Rightsholder rights

6.3.1. Modify Service characteristics, including functionality available within the Program and platforms, as well as technical limitations of Service use, by establishing and publishing corresponding information on the Service website.

6.3.2. Engage third parties (Rightsholder’s Partners) to fulfill obligations under the Agreement, including providing additional services related to the Service: consultations, user training, assistance with Program installation and setup, and Program maintenance.

6.3.3. Receive automatically (without obtaining explicit user consent) via electronic communication channels the following information from the User: anonymized statistical information on use of the Program and Rightsholder website (including information about the platform where the Program and website are used, information about software installed on the platform (including browser information) and software libraries, information about used hardware (computers, network equipment, etc.), as well as other required technical information). The only purpose pursued by the Rightsholder when collecting this information is ensuring the highest possible level of customer service and improving Service quality, including fixing errors in the Program and Service website. The Rightsholder does not link received information to the User’s personal data.

6.3.4. Terminate the Agreement unilaterally in case the User violates the Agreement terms.

6.4. Rightsholder obligations

6.4.1. Publish on the Service website what is required for correct Service operation: minimum hardware requirements (computers, network equipment, etc.); a list of software and software libraries that must be installed on computers, as well as versions of software and software libraries from this list.

6.4.2. Publish on the Service website minimum platform versions on which the Program can be launched.

6.4.3. Perform work to improve Service quality. During such work, part of the Service functionality may be unavailable to the User.

6.4.4. Ensure round-the-clock operation of the Service, except during periods of work to improve Service quality.

6.4.5. Provide the User with free technical support via electronic communication channels (technical support contacts are published on the Service website).

6.4.6. Inform the User about release of new Program versions. Notification is performed via electronic communication channels.

6.4.7. Eliminate possible Service operational disruptions and Service performance degradation.

6.4.8. Ensure information security of User data stored through the Service.

6.4.9. Ensure information security of collected and processed User personal data.

7.1. The User is prohibited from:

• Decompiling, disassembling, modifying, or creating derivative works based on software, in whole or in part, except as provided by Russian law.
• Manually (that is, without using the Program interface) deleting and modifying Program files, and adding new files, except where the Rightsholder explicitly instructs to do so.
• Transferring non-exclusive rights to use the Service to third parties.
• Providing third parties with access to authorization credentials in violation of the Agreement.
• Leasing or renting the Service, or providing it for temporary use.

7.2. If the User (or a third party that gained access to the User’s equipment) performs one or more actions listed in clause 7.1 and such actions lead to impossibility or limited ability to use the Program on the User’s computer and/or the Rightsholder’s website, the Rightsholder may unilaterally terminate the Agreement and lower the User’s technical support priority in favor of other Users.

8.1. For non-performance, improper performance, or untimely performance of obligations under the Agreement, the Parties bear liability in accordance with current legislation of the Russian Federation.

8.2. The User agrees that no computer systems, including all Service subsystems, are free of errors.

8.3. The User agrees that to work with the Service they need to use software (web browsers, operating systems, etc.), software libraries, hardware (computers, network equipment, etc.), and services (including internet access) produced by third parties, and the Rightsholder cannot be responsible for the quality of their operation.

8.4. The User agrees that to ensure Service functioning, the Rightsholder may use software, software libraries, hardware (computers, network equipment, etc.), and services produced by third parties, and the Rightsholder cannot be responsible for the quality of their operation.

8.5. Limited warranty for Service operability and performance

8.5.1. The Rightsholder provides no warranties regarding Service operability and performance. The Service is provided on an “as is” basis, in accordance with the “as is” principle generally accepted in international computer practice.

8.5.2. The Rightsholder provides no warranties regarding operability and performance of additional Program software modules if they are not produced by the Rightsholder and were not purchased or leased by the Rightsholder.

8.6. The Rightsholder is not liable to the User for: any User actions related to use of granted non-exclusive rights to use the Service; losses (including losses due to shortfall in commercial profit, lost profits, business interruption, loss of information) incurred by the User in connection with use of granted non-exclusive rights to use the Service (including Service use, partial or complete Service failure, Service performance degradation), in connection with Program installation or inability to install the Program, account creation or inability to create an account, or provision of additional services related to the Service by the Rightsholder (or Rightsholder’s Partners); losses incurred by the User if, through the User’s fault, authorization credentials were lost, disclosed, or stolen.

9.1. The Rightsholder has the right to block and/or delete the Account, as well as Account data, in cases, procedure, and on terms provided by these Terms.

9.2. Account blocking means temporary impossibility for the User to use the Service while retaining (limited) access to the Service. Account blocking is carried out by the Rightsholder until the User remedies violations that led to blocking, unless otherwise provided by these Terms.

9.3. Account deletion means impossibility of User access to the Service and impossibility of Service use within the relevant Account.

9.4. When the Account is blocked or deleted, User access to the Service is terminated with simultaneous display of a corresponding warning designed using graphic and other elements of Kanbano Service design in accordance with these Terms.

9.5. The Rightsholder has the right to block the Account in the following cases:

• If the User violates these Terms.
• If the User enters incorrect data, fails to enter data requested during Account creation, or updates User data untimely.
• If supporting documents are not provided; in this case, inaction by the User within 3 (three) calendar days from sending a corresponding request and/or demand by the Rightsholder is treated as equivalent to the above actions.
• If the Rightsholder receives a complaint/demand from third parties and/or a demand from competent authorities regarding the User’s actions and/or inaction, including for copyright infringement and other violations of these Terms or requirements of current Russian legislation, until violations are remedied.

9.6. The Rightsholder has the right to delete Account data if the User does not use the Service within 180 (one hundred eighty) calendar days from Account creation.

9.7. The Rightsholder has the right to delete the Account in the following cases:

• At the User’s own request or upon unilateral refusal by the User to perform these Terms.
• If the Account has been blocked more than three times.
• In case of gross violation of these Terms by the User, refusal by the User to remedy violations, or failure by the User to remedy violations within 3 (three) calendar days from the date the Rightsholder sends a demand to remedy such violations.
• If the User does not use the Service within 180 (one hundred eighty) calendar days from Account creation.
• If more than 90 (ninety) days have passed since the User last used the Service.
• If violations of clause 7.1 are identified by the Rightsholder independently or based on complaints/requests/demands from third parties.

9.8. Simultaneously with Account deletion under these Terms, the Rightsholder terminates the Agreement unilaterally.

9.9. In case of an obvious, in the Rightsholder’s opinion, violation of Russian legislation by the User, Service use may be suspended, and the Account blocked and/or deleted without prior warning from the Rightsholder.

10.1. The Parties are released from liability for partial or complete non-performance of obligations under the Agreement if performance is prevented by extraordinary and unavoidable force majeure circumstances under the given conditions.

10.2. Force majeure circumstances include such circumstances as natural disasters, accidents, fires, mass disturbances, strikes, military actions, unlawful actions of third parties, enactment of laws, governmental resolutions and orders of state authorities directly or indirectly prohibiting activities specified in the Agreement, resulting in impossibility for the Parties to fulfill part or all of their obligations under the Agreement.

10.3. If force majeure circumstances arise preventing one Party from performing obligations under the Agreement, that Party must notify the other Party immediately after such circumstances arise (if communication is unavailable, immediately after communication is restored) and make all efforts to eliminate consequences of force majeure as soon as possible. Performance under the Agreement is postponed until consequences of force majeure are eliminated.

10.4. A Party that suffered losses due to force majeure may require from the Party affected by force majeure documentary confirmation of the scale of events that occurred and their impact.

11.1. The Agreement enters into force from the moment the User accepts the Agreement.

11.2. The Agreement is valid for one calendar year. After one calendar year expires, the Agreement is extended for each next calendar year.

11.3. Either Party may unilaterally terminate the Agreement at any time.

11.4. Procedure for terminating the Agreement

• One Party sends the other Party a notice of intent to terminate the Agreement. The notice must be sent no less than 10 (ten) business days before the intended termination date. The notice is sent via electronic communication channels.
• The Party that receives the notice sends a response notice confirming acceptance.
• The Rightsholder deactivates the User’s account and sends the User a deactivation notice via electronic communication channels.
• The User removes the Program from all computers using the software removal tool built into the platform.
• The User removes directories where the Program was installed.

12.1. The Rightsholder fulfills all requirements of Federal Law No. 152-FZ “On Personal Data” regarding protection of User personal data received by it.

12.2. The Service fully complies with requirements of Federal Law No. 152-FZ “On Personal Data.”

12.3. The personal data processing policy is available at: https://kanbano.ru/privacy-policy.

13.1. The Agreement is governed in accordance with legislation of the Russian Federation.

13.2. All disputes and disagreements are resolved through negotiations. If disputes and disagreements cannot be resolved through negotiations, they are referred to the Arbitration Court of the Yaroslavl Region.

14.1. The content of the Agreement may be changed by the Rightsholder at any time. The Rightsholder sends the User, 10 (ten) business days before making changes to the Agreement, a notice containing a list of introduced changes. The notice is sent via electronic communication channels. If the User is not satisfied with introduced changes, the User has the right to terminate the Agreement unilaterally. The Rightsholder is not liable for failure to deliver or untimely delivery of a notice containing a list of introduced changes where such failure results from partial or complete disruption of operation of electronic communication channels and/or degradation of their performance.