Public Offer Agreement
Edition dated April 28, 2025
1. General Provisions
This Public Offer contains the terms for concluding a Service Agreement (hereinafter referred to as the "Service Agreement" and/or "Agreement"). This offer is recognized as a proposal addressed to one or several specific individuals, which is sufficiently definite and expresses the intention of the offeror to consider themselves as having concluded an Agreement with the addressee who accepts the proposal.
The actions specified in this Offer are confirmation of both Parties' agreement to conclude the Service Agreement under the terms, procedure, and scope outlined in this Offer.
The text of this Public Offer is an official public proposal from the Contractor addressed to interested parties to conclude a Service Agreement in accordance with the provisions of Article 437, Clause 2 of the Civil Code of the Russian Federation.
The Service Agreement is considered concluded and comes into effect from the moment the Parties perform the actions stipulated in this Offer, which signify unconditional and complete acceptance of all the terms of this Offer without any exceptions or limitations on the basis of accession.
Terms and Definitions:
Agreement – the text of this Offer along with Appendices, which are an integral part of this Offer, accepted by the Customer through the performance of conclusive actions specified in this Offer.
Conclusive Actions – behavior that expresses agreement with the counterparty's proposal to conclude, amend, or terminate a contract. These actions consist of full or partial fulfillment of the conditions proposed by the counterparty.
Contractor's Website on the Internet – a set of programs for electronic computing machines and other information contained in an information system, access to which is provided via the Internet under the domain name and network address: https://photo-reports.online.
Parties to the Agreement (Parties) – Contractor and Customer.
Service – the service provided by the Contractor to the Customer under the terms established by this Offer.
2. Subject of the Agreement
2.1. The Contractor undertakes to provide the Services to the Customer, and the Customer agrees to pay for them in the amount, manner, and terms established by this Agreement.
2.2. The name, quantity, procedure, and other conditions for providing the Services are determined based on the information provided by the Contractor during the Customer's application process or are established on the Contractor's website on the Internet.
2.3. The Contractor provides the Services under this Agreement personally or by involving third parties; in this case, the Contractor is responsible to the Customer for the actions of third parties as for their own.
2.4. The Agreement is concluded by accepting this Offer through the performance of conclusive actions expressed in:
- actions related to registering an account on the Contractor's Website on the Internet if account registration is necessary;
- actions related to the payment for Services by the Customer;
- actions related to the provision of Services by the Contractor.
This list is not exhaustive; other actions may also clearly express the intention of a person to accept the counterparty's offer.
3. Rights and Obligations of the Parties
3.1. The Contractor undertakes to:
3.1.1. Provide the Services in accordance with the provisions of this Agreement, within the timeframes and volumes specified in this Agreement and/or in the manner indicated on the Contractor's Website.
3.1.2. Grant the Customer access to the sections of the Website necessary for obtaining information as per clause 2.1 of the Agreement.
3.1.3. Process the Customer's personal data in accordance with applicable legislation and the Contractor's policy regarding the organization of processing and ensuring the security of personal data.
3.2. The Contractor has the right to:
3.2.1. Unilaterally amend this Agreement, the tariffs for the services provided, the methods, and payment terms by posting them on the pages of the website https://photo-reports.online. All changes take effect immediately upon publication and are considered communicated to the Customer from the moment of such publication.
3.2.2. Transfer its rights and obligations under this Agreement to third parties without the Customer's consent.
3.2.3. Send the Customer advertising and informational messages via email newsletters containing information about discounts, promotions, etc. The frequency of these newsletters is determined solely by the Contractor.
3.2.4. Unilaterally change the conditions of Promotions posted on the website https://photo-reports.online without the Customer's consent by publishing such changes on the website.
3.2.5. Temporarily suspend the provision of informational Services to the Customer under the Agreement for technical, technological, or other reasons that prevent the provision of Services until such issues are resolved.
3.2.6. Suspend the Customer's access to the system and unilaterally terminate the Agreement in case of damage to the business reputation of the website developer and/or dissemination of knowingly false and/or defamatory information about the website https://photo-reports.online, including but not limited to using social networks, mass email messages, and other online resources.
3.2.7. Use anonymized data from customers to improve the quality of online tools and conduct research activities, with subsequent presentation of research results in open access (in an anonymized, aggregated form).
3.2.8. Delete files uploaded by users after a period of 3 (three) years from the date of their upload.
3.2.9. Revoke the API key in case of detecting suspicious activity from the Customer.
3.2.10. The Contractor reserves the right to unilaterally change the terms (period) of service provision and conditions of this Offer without prior notice to the Customer by publishing such changes on the Contractor's Website on the Internet.
In this case, new/modified conditions indicated on the Website apply only to newly concluded Agreements.
3.3. Obligations of the Customer:
3.3.1. The Customer is obliged to provide accurate information about themselves when receiving relevant Services.
3.3.2. The Customer agrees not to reproduce, repeat, copy, sell, or use for any purpose the information and materials from the Website that have become available to them in connection with the provision of Services, except for personal use directly by the Customer without providing access in any form to any third parties.
3.3.3. The Customer undertakes to accept the Services provided by the Contractor.
3.4. The Customer has the right to:
3.4.1. Refuse to receive email and SMS newsletters; for this, they need to click the corresponding button in the informational letter or send a message in response to the relevant informational letter via email or send a letter to the email address of the Contractor specified in the details of the Offer Agreement, without stating a reason or incurring additional costs.
Price and Payment Procedure
4.1. The cost of the Contractor's services provided to the Customer and the payment procedure are determined based on the Contractor's information at the time of the Customer's application or established on the Contractor's Website at https://photo-reports.online.
4.2. All payments under the Agreement are made in a cashless manner.
5. Confidentiality and Security
5.1. In the implementation of this Agreement, the Parties ensure the confidentiality and security of personal data in accordance with the current version of Federal Law No. 152-FZ dated July 27, 2006 "On Personal Data" and Federal Law No. 149-FZ dated July 27, 2006 "On Information, Information Technologies, and Information Protection."
5.2. The Parties undertake to maintain the confidentiality of information received during the execution of this Agreement and to take all possible measures to protect the received information from disclosure.
5.3. Confidential information is understood as any information transmitted by the Contractor and the Customer during the implementation of the Agreement that is subject to protection, with exceptions indicated below.
5.4. Such information may be contained in local regulatory acts, contracts, letters, reports, analytical materials, research results, diagrams, charts, specifications, and other documents provided to the Contractor, both in paper and electronic formats.
6. Force Majeure
6.1. The Parties are exempt from liability for non-fulfillment or improper fulfillment of obligations under the Agreement if proper fulfillment becomes impossible due to force majeure, that is, extraordinary and unavoidable circumstances under the given conditions, which include: prohibitive actions by authorities, epidemics, blockades, embargoes, earthquakes, floods, fires, or other natural disasters.
6.2. In the event of such circumstances, the Party must notify the other Party within 30 (Thirty) working days.
6.3. A document issued by an authorized state body is sufficient confirmation of the existence and duration of force majeure.
6.4. If the force majeure circumstances continue for more than 60 (Sixty) working days, each Party has the right to unilaterally refuse this Agreement.
7. Liability of the Parties
7.1. The Parties are liable for non-fulfillment or improper fulfillment of the terms of this Agreement in accordance with the provisions of this Agreement and the current legislation of the Russian Federation.
7.2. The Contractor is not liable for non-fulfillment and/or improper fulfillment of obligations under the Agreement if such non-fulfillment and/or improper fulfillment occurred due to the fault of the Customer.
7.3. The Parties are exempt from liability for full or partial non-fulfillment of obligations under this Agreement if such non-fulfillment is a result of force majeure circumstances ("force majeure"), that is, extraordinary and unavoidable circumstances under the given conditions, including mass riots, prohibitive actions by authorities, fires, natural disasters, catastrophes, and other circumstances recognized as such by the Chamber of Commerce and Industry of the relevant Party's region.
7.4. The Parties must notify each other in writing via email about the existence of force majeure circumstances within 7 (seven) calendar days from the moment they occur.
7.5. If the occurrence of force majeure circumstances directly affects the Parties' ability to fulfill their obligations within the timeframe established in the Service Agreement, then such timeframe shall be proportionately extended for the duration of such circumstances.
7.6. No provisions of this Offer exclude or limit the liability of the Parties for intentional violations of its terms; for fraudulent actions and knowingly false representations and/or guarantees; for unlawful use of Confidential Information.
7.7. The Contractor is not liable to the Customer for the completeness and accuracy of the provided data. The provided data are not a basis for decision-making and are for informational purposes only. The Customer assumes responsibility, and the Contractor is released from liability, for any decisions made by the Customer based on the data obtained on the Contractor's website, as well as for all consequences of decisions made by the Customer.
7.8. The Customer assumes responsibility for any claims from third parties related to the receipt, processing, and use of information obtained during data processing on the Contractor's website.
7.9. Under no circumstances shall the Contractor be liable under the Agreement for: a) any actions/inactions that are a direct or indirect result of actions/inactions by the Customer and/or third parties; b) any indirect losses and/or lost profits of the Customer and/or third parties, regardless of whether the Contractor could foresee the possibility of such losses; c) the use (or inability to use) and any consequences of using (or inability to use) the payment method chosen by the Customer under the Agreement, as well as the use/inability to use by the Customer and/or third parties any means and/or methods of transmitting/receiving information.
7.10. The total liability of the Contractor, including penalties (fines, late fees) and/or reimbursable losses, for any claim or demand related to the Agreement or its execution is limited to 10% (Ten percent) of the cost of information Services paid by the Customer according to the tariffs.
7.11. The Customer is fully responsible for a) compliance with all legal requirements regarding the content and completion of forms on the website tools to which they have been granted access; b) the accuracy of the information provided during registration as a Customer, as well as the accuracy of guarantees and representations made by the Customer contained in this offer.
8. Duration of this Offer
8.1. The Offer comes into effect from the moment it is posted on the Contractor's Website and remains valid until it is revoked by the Contractor.
8.2. The Contractor reserves the right to make changes to the terms of the Offer and/or revoke the Offer at any time at its discretion. Information about changes or revocation of the Offer will be communicated to the Customer at the Contractor's discretion by posting on the Contractor's website on the Internet, in the Customer's Personal Account, or by sending a corresponding notification to the email or postal address provided by the Customer when entering into the Agreement or during its execution.
8.3. The Agreement comes into effect from the moment of Acceptance of the terms of the Offer by the Customer and remains valid until both Parties fulfill their obligations under the Agreement.
8.4. Changes made by the Contractor to the Agreement and published on the website in the form of an updated Offer are considered accepted by the Customer in full.
9. Additional Terms
9.1. The Agreement, its conclusion, and execution are governed by the current legislation of the Russian Federation. All issues not regulated by this Offer or not fully regulated are governed in accordance with the substantive law of the Russian Federation.
9.2. In case of a dispute that may arise between the Parties during their performance of obligations under the Agreement concluded on the terms of this Offer, the Parties must resolve the dispute amicably before commencing legal proceedings.
Legal proceedings shall be conducted in accordance with the legislation of the Russian Federation.
Disputes or disagreements that the Parties have not reached an agreement on shall be resolved in accordance with the laws of the Russian Federation at the location of the Contractor. Pre-trial dispute resolution is mandatory.
9.3. The Parties have determined that Russian is the language of the Agreement concluded under this Offer, as well as the language used in any interaction between the Parties (including correspondence, providing demands/notifications/explanations, providing documents, etc.).
9.4. All documents that must be provided in accordance with this Offer must be drafted in Russian or have a translation into Russian certified in accordance with established procedures.
9.5. The inaction of one of the Parties in case of violation of the terms of this Offer does not deprive the interested Party of the right to protect its interests later, nor does it imply a waiver of its rights in case of similar or analogous violations by either Party in the future.
9.6. If there are links on the Contractor's website to other websites and materials of third parties, such links are provided solely for informational purposes, and the Contractor has no control over the content of such sites or materials. The Contractor is not liable for any losses or damages that may arise from using such links.
9.7. The Contractor is not responsible for technical malfunctions and failures that may occur in third-party services, including but not limited to services such as Yandex.Cloud, Yandex.Mail, and others, which may lead to distortion of functions provided by the Contractor's Website on the Internet.
10. Contractor's Details
Contractor:
Self-employed Andrey Vladimirovich Apanasenko
Location: 454003, Chelyabinsk, Hero of Russia Rodionov Ave., 13-460
Address for sending written correspondence: 454003, Chelyabinsk, Hero of Russia Rodionov Ave., 13-460
Phone: +7(963) 474-34-57
Email: aw_apanasenko@mail.ru
Tax Identification Number (INN): 743701966240