This License Agreement (hereinafter referred to as the “Agreement”) governs the relationship between VK LLC (PSRN 1027739850962, Russia, 125167, Moscow, 39 Leningradsky Avenue, p. 79), hereinafter referred to as the “Licensor”, and You, hereinafter referred to as the "Licensee", on the use of the computer program of the "Disk-O:" application for personal computers on the Windows and Mac OS platforms (hereinafter referred to as the "Application"), under the following conditions
The Licensor is represented, for the purposes of this policy, by My.com B.V., Barbara Strozzilaan 201, 1083HN, Amsterdam, the Netherlands.
1. Terms and definitions
Content - files placed in the Cloud Storage, including graphic images, photographs, scripts, texts, videos, music, sound files and other objects (files) that are the result of intellectual activity or not, the rights to which belong to the Licensee or other persons.
The Licensor - a party of this Agreement, which grants the right to use the Application under a non-exclusive license to Licensees.
Licensee - is a person who has the necessary capacity to enter into this Agreement, has sufficient rights, which, in accordance with this Agreement, is entitled to use the Application within the limits provided for in this Agreement. Licensee is a Party to this Agreement.
Cloud storage - is a service provided to a licensee by a third party and allowing content to be placed on the disk space of a third party server.
Site - an Internet site located at https://disk-o.cloud/en, the owner and administrator of which is the Licensor. The Licensor places on the Website information that is binding on Licensees.
2. Terms of accession to this Agreement
2.2. The Licensee’s accession to this Agreement is carried out by the Licensee’s active actions (installation of the Application on the Licensee’s personal computer), which, in accordance with Art. 435 and 438 of the Civil Code of the Russian Federation is the acceptance (acceptance) of the Licensor’s offer, as well as the conclusion of the License Agreement, giving rise to the Licensee’s obligation to comply with the terms of this Agreement.
2.3. The actual use by the Licensee of the Application is also a confirmation of the Licensee’s accession of the terms of this Agreement.
2.4. With each use of the Application, the Licensee agrees to the terms of this Agreement as amended, which was valid at the time of the actual use of the Application.
3. Subject of the agreement
3.1. Under the terms of this Agreement, the Licensor grants the Licensee, as a simple non-exclusive license, the right to use the Application, as a computer program, including the right to use the main features of the Application, as well as additional features, to the extent defined by this Agreement.
3.2. The Licensor grants the Licensee the right to use the Application in the following ways: installation (installation) and launch of the Application on the Licensee’s personal computer, use of the Application in accordance with its functionality (main and / or additional), while the Licensor may limit the number of personal computers with which Access to the application is possible. The ways of using the Application not expressly specified in this agreement are not considered to be provided to the Licensee.
3.3. The right to use the Application, with the exception of additional features, is granted by the Licensor to the Licensee free of charge.
3.4. The acquisition of rights to use additional features of the Application and their payment is not a necessary condition for using the Application as a whole. The right to use additional features of the Application is granted upon Licensee’s request and upon payment of license remuneration in the amount established by the Licensor, information on which is available at the link: https://disk-o.cloud/en/#tariffs. Depending on the tariff chosen by the Licensee, the reporting period may be a calendar month or a calendar year. In the case of payment of the license fee by the Licensee, which is a legal entity or an individual entrepreneur, payment is made on the basis of the invoice issued by the Licensor. The Licensee, being a legal entity or an individual entrepreneur, after paying the licensing fee to the Licensor, shall, at the end of the calendar month in which the payment was made, send to the Licensor the signed Act of transfer of rights to use the Application. The required form of the Act is sent by the Licensor to the email address of the Licensee. If necessary, the Licensee may request other documents in electronic form that will be sent to him by e-mail.
3.5. The Licensor’s obligation to provide a license shall be deemed fulfilled from the date the license keys are provided to the Licensee. If, after the licensor provided the license keys, the Licensee did not use the Application or demanded termination of this Agreement before the license expired, this is not a reason for returning the license fee paid to the Licensee.
3.6. The license is valid throughout the world. The license validity period in relation to the main features of the Application is equal to the term for the Licensee to use the Application, unless otherwise provided by this Agreement, and in relation to the additional features of the Application, within the period selected and paid for by the Licensee.
4. Application software features and how to use them
4.1. The application is a computer program running on a Windows or Mac OS platform that allows the Licensee to access Content posted by the Licensee in the Cloud Storage, including viewing, editing and deleting documents / folders, grouping documents (create folders). The list of Cloud storages, access to which is possible through the Application interface, is determined by the Licensor and communicated to Licensee.
4.2. To gain access to the Content hosted by the Licensee in the Cloud Storage, the Licensee is authorized in the Cloud Storage via the Application interface. To perform the authorization, the Licensee enters the data required by the Cloud Storage for authorization, transmitted by the Application to the Cloud Storage, which sends back token using an authorization protocol.
4.3. The Licensor does not store Content contained in the Licensee's Cloud Storage. When adding, viewing, editing or deleting Content that is contained in the disk space in the Cloud Storage, the corresponding file is saved on the Licensee’s personal computer.
5. Rights and obligations of the Licensee
5.1. Licensee may:
5.1.1. use the main features of the Application at no cost in the ways, on time and on the territory expressly specified in this Agreement.
5.1.2. acquire the right to use additional features of the Application and exercise these rights in accordance with this Agreement;
5.1.3. to carry out other actions not connected with the legislation of the Russian Federation or this Agreement related to the use of the Application, which should not contradict the usual use of the Application and should not unreasonably harm the legitimate interests of the Licensor.
5.2. Licensee must:
5.2.1. comply with the terms of this Agreement without any restrictions;
5.2.2. comply with all instructions and instructions of the Licensor. In the event that the Licensee fails to comply with such instructions, the Licensor has the right to suspend, limit, terminate the Licensee’s provision of rights to use the Application or certain of its functions, including the additional features of the Application;
5.2.3. periodically review the content of this Agreement on the Internet at https://help.mail.ru/legal/terms/cloud/disko/privacy/EU and follow the changes made to it;
5.2.4. to obtain the right to use additional features of the Application to pay the Licensor a license fee in the amount established by the Licensor and in the manner provided for in this Agreement;
5.2.5. not to provide third parties with the right to use the Application in the ways transferred to the Licensee in accordance with this Agreement (not to enter into sublicensing agreements);
5.2.6. not to violate the Licensor’s intellectual property rights in relation to the Application / Site or any of its elements, in particular, the Licensee has no right to copy, disassemble, reverse engineer, modify the source code of the Application, unless otherwise provided by applicable law;
5.2.7. not to carry out any other actions that contradict the goals of creating the Application or violate the current legislation of the Russian Federation.
5.3. The Licensee is solely responsible for all actions performed in the Cloud Storage using the Application, including the Licensee is responsible for the actions of the end user who is granted access to the Licensee’s personal computer on which the Application is installed.
5.4. The licensee guarantees that he has all the necessary powers to enter into this Agreement.
5.5. Although the Licensor does not store or use the Content and therefore cannot find out about its content, the Licensor may nevertheless receive notifications from third parties about the presence of certain types of Content in the Licensee’s Cloud Repository, which allegedly contains:
- information for adults;
- child pornography or pedophilia;
- information on narcotic and psychotropic substances, including information on the distribution of drugs, recipes for their manufacture and advice on the use of;
- propaganda or agitation, inciting social, racial, national or religious hatred and enmity, propaganda of war, social, racial, national, religious or linguistic superiority;
- the promotion of suicide, information containing a description of methods of suicide and any incitement to commit it;
- private and confidential information;
- malware, viruses and phishing.
If the Licensor becomes aware that the Content on the Licensee’s Cloud Storage contains information relating to one of the listed categories, the Licensor may, depending on the severity of the violation:
- refuse to grant to the Licensee through the Application access to the Content on the Licensee's Cloud Storage;
- report the fact of storage by the Licensee of the above Content in the Cloud Storage to law enforcement authorities.
6. Rights and obligations of the Licensor, Licensor’s liability limitation
6.1. The licensor has the right to:
6.1.1. at any time without any notice from Licensee to change the functionality, the content of the functions provided, the design and user interface of the Application, including the additional functions of the Application;
6.1.2. suspend, restrict or terminate Licensee’s access to all or any of the sections and / or elements of the Application, including the additional features of the Application, if the Licensee violates the terms of this Agreement;
6.1.3. provide the Licensee, for a fee, the right to use the additional features of the Application under the conditions provided for in this Agreement and the relevant sections of the Site;
6.1.4. deny access to the Licensee through the Annex to the Content on the Licensee’s Cloud Storage if there are grounds listed in clause 5.5. present agreement;
6.1.5. inform the law enforcement authorities of the fact that the Licensee has stored the Content listed in clause 5.5. of this Agreement, at Licensee’s Cloud Storage;
6.1.6. send notifications to Licensees via the Application interface (either by e-mail, if the Licensee provides information about the e-mail address to the Licensor) about the introduction of new or canceling of the old functions of the Application, about the upcoming expiration of the use of additional functions of the Application, as well as containing advertising information about the functions Applications / Site, products and affiliate programs / promotions of the Licensor;
6.1.7. make comments to Licensees, warn, notify, inform them about the Licensee’s non-compliance with this Agreement. The Licensor’s instructions given to the Licensee during the process of using the Application / Site are binding on the Licensee;
6.1.9. take measures not prohibited by law to protect their intellectual rights in relation to the Application.
6.2. The Licensor undertakes to provide the Licensee under the terms of a simple non-exclusive license the right to use the Application in the amount and manner specified in this Agreement, including when the Licensee makes a license fee to give it the right to use the additional functions of the Application in the amount agreed by the Parties;
6.3. The Licensor is not responsible for actions taken by the Licensee or other end user in the Cloud Storage via the Application.
6.4. The Licensor is not responsible for adding, changing, transferring, deleting Content in the Licensee's Cloud Storage, regardless of their reasons. Any disputes related to the receipt / inability to access the Content on the Cloud Storage are resolved by the Licensee independently by contacting the person who provides the Licensee with services to provide disk space for storing the Content.
6.5. The Licensor is not responsible for the content, including the legality of the Content posted on the Cloud Storage.
6.6. The Licensor shall not be liable for any losses (both direct damage and loss of profits) that may be incurred by the Licensee when using the Application, including because of unauthorized access of any third parties to the Licensee's Cloud Storage Content, removal, damage to the Content on Licensee's Cloud Storage.
6.7. The application is provided to Licensees on an “as is” basis, i.e. The licensor does not provide any guarantee that the Application may be suitable for specific use purposes, and cannot guarantee and does not promise any specific results from using the Application.
7. Final provisions
7.1. This Agreement may be amended by the Licensor at any time without any prior notice to the Licensee. Any changes to the Agreement made by the Licensor unilaterally enter into force on the day following the day of publication of such changes on the Site. The licensee undertakes to independently verify the Agreement for changes. The Licensee’s failure to take actions to familiarize themselves with the Agreement and / or the amended version of the Agreement cannot serve as a basis for the Licensee’s failure to fulfill its obligations and the Licensee’s non-compliance with the restrictions established by the Agreement.
7.2. This agreement is valid for the duration of the license granted to the Licensee, as defined in clause 3.5. present agreement.
7.3. The invalidity of one or several provisions of the Agreement, recognized in the prescribed manner by the effective court decision, does not entail the invalidity of the agreement as a whole for the Parties. In the event that one or several provisions of the Agreement are recognized as invalid in accordance with the established procedure, the Parties undertake to fulfill the obligations assumed under the Agreement as close as possible to the implied Parties when entering into and / or agreed to amend the Agreement in a manner.
7.4. This Agreement and the relationship of the Parties in connection with this Agreement and the use of the Service are governed by the laws of the Russian Federation.
7.5. Regarding the form and method of concluding this Agreement, the norms of the Civil Code of the Russian Federation (the “Civil Code of the Russian Federation”) are applied, which regulate the procedure and conditions for concluding an agreement by accepting an offer.
7.6. All disputes of the parties under this agreement are subject to resolution by correspondence and negotiations using the mandatory pre-trial (claim) procedure. If it is impossible to reach agreement between the parties by negotiation within 60 (sixty) calendar days from the moment the other Party received a written claim, the dispute should be referred to any court by the interested party at the location of the Licensor (with the exception of jurisdiction of the case to any other courts), otherwise not required by applicable law.
March 02, 2022
Обновлено 2 марта 2022 г.