This User Agreement (hereinafter referred to as the Agreement) is concluded between Digital EcoSystems LLC (hereinafter referred to as the Licensor) and the Internet User (any natural person, individual entrepreneur, legal entity) (hereinafter referred to as the User) of the Computer Program in the form of the Neutral Multimodal Network Internet resource maxmodal.com (hereinafter referred to as Maxmodal). Maxmodal is available on the Internet at https://maxmodal.com/, and is a computer program in the form of a community of natural persons, legal entities or individual entrepreneurs engaged in professional activities related to freight transportation, representing or using all kinds of services in this field, or related fields of activity, as well as any other persons who are interested in this topic.
Before using Maxmodal and its software, please carefully read the terms of this Agreement. From the moment the User begins to use Maxmodal/its individual functions, or has passed the registration procedure, the Agreement enters into force, and the User is deemed to have accepted the terms of the Agreement, as well as the conditions of all the documents listed below, in full, without any reservations or exceptions. If you do not agree to the terms of this Agreement, you may not use Maxmodal.
The following terms and definitions apply in this Agreement:
User - an entity (natural person, legal entity or individual entrepreneur) that has accepted this Agreement, registered with Maxmodal in accordance with the procedure established by the Maxmodal Administration, has reached the age allowed in accordance with the legislation of the Russian Federation for acceptance of the User Agreement and its documents (for natural persons) and with the appropriate authority.
Simple account - an account (account) of a natural person user.
Corporate account - an account (account) of a corporate or an individual entrepreneur user.
Licensor (or Administration) - Digital EcoSystems Limited Liability Company, a legal entity established under the laws of the Russian Federation, registered at the address: office 2012, building 1, house 5, Bolshaya Sadovaya Str., 123001, Moscow, and duly authorized to entitle the User to use Maxmodal.
Content - objects hosted on Maxmodal, including design elements, text, graphics, illustrations, videos, scripts, programs and other objects and their collections.
Other terms, definitions and phrases used in this Agreement have meaning and are subject to interpretation in accordance with the provisions of this Agreement, the established practice of using these terms, definitions and phrases when working in the field of Internet technologies, as well as in accordance with the current legislation of the Russian Federation.Status of User Agreement
This Agreement is developed by the Administration and defines the conditions for the use and development of Maxmodal, as well as the rights and obligations of its Users and the Administration. This Agreement also applies to relations related to the rights and interests of the third parties that are not Maxmodal Users, but whose rights and interests may be affected as a result of the actions of Maxmodal Users.
This Agreement is a legally binding agreement between the User and the Administration, the subject of which is the provision by the Administration of the User services for using Maxmodal and its services (hereinafter referred to as the Services). In addition to this Agreement, the agreement between the User and the Administration includes all special documents governing the provision of individual services or parts of the Maxmodal functionality and posted in the relevant Maxmodal sections on the Internet.
The user is obliged to fully familiarize themselves with this User Agreement prior to registration on Maxmodal. Registration of the User at Maxmodal means the full and unconditional acceptance by the User of this Agreement in accordance with Article 438 of the Civil Code of the Russian Federation.
This Agreement may be amended and / or supplemented by the Administration unilaterally without any special notice. This Agreement is an open and public document. The current version of the User Agreement is located on the Internet at https://maxmodal.com/agreement.
The administration recommends that Users regularly check the terms of this User Agreement for changes and/or additions. Continued use of Maxmodal by the User after making changes and/or additions to this User Agreement means acceptance and consent of the User to such changes and/or additions.
Using Maxmodal, the User agrees that the following documents are integral parts of this Agreement:
User Personal Data Processing Policy posted on the Internet at https://maxmodal.com/privacy.
The indicated documents (including any of their parts) can be changed unilaterally by the Administration without any special notice, the new edition of the documents comes into force from the moment they are published on Maxmodal, unless otherwise provided by the new edition of the documents.
In the event of a conflict between the provisions of this Agreement and individual documents constituting its integral parts, the rules of individual documents shall prevail.
The law of the Russian Federation shall apply to this Agreement and all relations related to the use of the Program and any claims or claims arising from this Agreement or the use of Maxmodal must be filed and considered in court at the location of the Licensor, subject to the pre-trial settlement of disputes.2. Maxmodal status
2.1. Maxmodal is an Internet resource and is a collection of information and computer programs contained in an information system that ensures the availability of such information on the Internet at the network address https://maxmodal.com/ .
2.2. All rights to Maxmodal in general and to the use of the network address (domain name) https://maxmodal.com/ belong to the Administration. The latter provides access to Maxmodal to all interested parties in accordance with this Agreement and the current legislation of the Russian Federation.
2.3. This Agreement sets forth the conditions under which the rights to use information and results of intellectual activity (including, but not limited to literary, musical, audiovisual works and phonograms, graphic and design works, photographic works, computer programs) as part of separate sections of Maxmodal, may belong to Maxmodal Users and other persons who independently created and/or posted these objects on Maxmodal without the direct participation of the Administration.
2.4. The Administration is not responsible for any direct or indirect consequences of any use or inability to use Maxmodal and/or damage caused to the User and/or third parties as a result of any use, non-use or inability to use Maxmodal or its individual components and/or functions, including due to possible errors or malfunctions of Maxmodal.3. Administration of Maxmodal
3.1. Any appeals, offers, claims and other requests of Users to the Administration related to this Agreement or the operation of Maxmodal, as well as requests from authorized state bodies, can be sent to the mailing address of Digital EcoSystems LLC, specified in the preamble of this Agreement, or to firstname.lastname@example.org
3.2. With regard to the functioning and development of Maxmodal, the Administration is guided by the legislation of the Russian Federation, this Agreement and other special documents that are developed or can be developed and adopted by the Administration to regulate the provision of individual services or parts of the Maxmodal functionality to Users.
3.3. Nothing in this Agreement shall entitled the User to use the company name, trademarks, domain names and other distinguishing marks of the Administration. The right to use the company name, trademarks, domain names and other distinguishing marks of Maxmodal may be granted exclusively by written agreement with the Administration.4. User Registration on Maxmodal
4.1. In order to use Maxmodal, the User agrees to provide accurate and complete information about itself on the issues proposed in the Registration Form and in the Personal Account, and keep this information up to date. The User shall be entitled not to provide its information indicated by the Administration as optional. If the User decides to provide optional its information, such information must be reliable and complete. If the User provides unreliable/incomplete information or the Administration has serious reasons to believe that the information provided by the User is unreliable or incomplete, the Administration shall be entitled, at its discretion, to:
4.1.1. restrict such User to use some Maxmodal functionality and/or services.
4.1.2. block the account of such a User.
4.1.3. delete the account of such a User.
4.2. In the case of creating a corporate profile of the company, the User is obliged at the request of the Administration to provide documents confirming the legal status of the User, allowing him to act on behalf of this legal entity/individual entrepreneur for registration with Maxmodal.
4.3. The Administration reserves the right at any time to demand confirmation by the User of the data specified in the account, and in this regard to request supporting documents, the failure to provide which could be equated with the provision of unreliable/incomplete information and entail relevant consequences.
4.4. By accepting this Agreement by registering with Maxmodal, the User confirms its consent to the processing by the Administration of its personal data and other personal information provided during registration, as well as voluntarily posted by the User in its account. User personal data shall be processed in accordance with the Maxmodal User Data Processing Policy and the current legislation of the Russian Federation.5. Financial relations
5.1. Maxmodal may contain paid functionality and/or services.
5.2. The provision of access to paid functionality and/or services is governed by this Agreement and individual documents constituting its integral parts, as well as the legislation of the Russian Federation.
5.3. In the event of a dispute, the Administration shall be entitled to assume the role of mediator in disputes between users.6. Terms of intellectual and other rights
6.1. Exclusive rights to Content hosted on Maxmodal.
6.1.1. The entire Content is subject to the exclusive rights of the Administration, Maxmodal Users who have posted this content and other copyright holders.
6.1.2. Except for the cases established by this Agreement, as well as the current legislation of the Russian Federation, no Content may be copied (reproduced), processed, distributed, displayed in a frame, published, downloaded, transmitted, sold or otherwise used in whole or in part without prior permission of the copyright holder, except when the copyright holder expressly agreed to the free use of the Content by any person.
6.1.3. The Administration shall be entitled to download, process and otherwise use the public Content of Users in order to improve the functionality/services of Maxmodal.
6.1.4. The use by the User of the Content, access to which is obtained exclusively for personal non-commercial use, is allowed provided that all copyright signs (copyrights) or other notices of authorship are retained, the author’s name is kept unchanged, and the work remains unchanged.
6.1.5. In addition to its own Content, the User is not entitled to download or otherwise make public (publish on Maxmodal) the Content of other Internet resources, databases and other results of intellectual activity in the absence of the express consent of the copyright holder to such actions.
6.1.6. Any use of Maxmodal or Content other than permitted in this Agreement without the prior written permission of the copyright holder is strictly prohibited.
6.1.7. Unless otherwise expressly established in this Agreement, nothing in this Agreement can be considered as a transfer of exclusive rights to the Content.
6.2. The Administration may, but is not obligated, review Maxmodal for the presence of prohibited Content and may delete or move (without warning) any Content or users at its own discretion, for any reason or without reason, including without any restrictions to the movement or removal of Content, which at the opinion of the Administration, violates this Agreement, special documents constituting integral parts of this Agreement, the legislation of the Russian Federation and/or may violate the rights, cause harm or threaten the safety of other Users or third parties.
6.3. Internet Resources and Third Party Content.
6.3.1. Maxmodal contains (or may contain) links to other Internet resources (Internet resources of the third parties) as well as articles, photographs, illustrations, graphic images, information, applications, programs and other Content belonging to or coming from the third parties (Third Party Content) resulting from intellectual activity and protected in accordance with the legislation of the Russian Federation.
6.3.2. These third parties and their Content are not checked by the Administration for compliance with any requirements (reliability, completeness, good faith, etc.). The Administration is not responsible for any information posted on the Internet resources of the third parties to which the User accesses through Maxmodal or through the Content of other Users, including, but not limited to, any opinions or statements expressed on the Internet resources of the third parties or in their Content.
6.3.3. Links or manuals posted on Maxmodal for downloading files and/or installing third-party programs do not mean support or approval of these actions by the Administration.
6.3.4. A link to any Internet resource, product, service, any information of a commercial or non-commercial nature posted on Maxmodal is not an endorsement or recommendation of these products (services) by the Administration.
6.3.5. If the User decided to leave Maxmodal and go to the third-party Internet resource or use/install third-party programs, it does this at its own risk and from this moment this Agreement no longer applies to the User regarding the use of the third-party Internet resources/programs. In further actions, the User should be guided by the applicable norms and policies, including the business customs of those individuals whose Internet resource/program it intends to use.7. Responsibility of Users and Administration
7.1. In case of doubt as to the legitimacy of using the Maxmodal by the User, the Administration shall be entitled, at any time and without prior notice to the User, at its discretion, to take one of the decisions provided for in clause 4.1. hereof.
7.2. If there is information about the use of the account information of the User (User’s employees) used to gain access to Maxmodal, its individual functionality/services, other Maxmodal Users, the Administration shall be entitled, at any time and without prior notice to the User, at its discretion, to take one of the decisions provided for in clause 4.1. hereof.
7.3. The User is personally responsible for any Content or other information it downloads or otherwise communicates to (publishes) on Maxmodal or with its help. The User shall not be entitled to upload, transfer or publish Content on Maxmodal, if it is not appropriately entitled to perform such actions acquired or transferred to it in accordance with the legislation of the Russian Federation.
7.4. When publishing Content on Maxmodal, the User must proceed from the principle of good faith, i.e. do not publish Content that violates the laws of the Russian Federation and the Maxmodal rules, moral principles and ethics that inflicts any harm on the Administration, Users or the third parties, containing political agitation or extremist statements, as well as advertising of goods/works/services not related to Maxmodal.
7.5. Data provided by the Users with a corporate account for an unlimited number of Users cannot be a commercial secret due to their distribution to an unlimited circle of people.
7.6. The data provided by the Users with a corporate account for a limited number of Users may be a commercial secret. When providing such data through Maxmodal functionality, the owner of such data independently determines their recipients, as well as existing methods for protecting such data on Maxmodal.
7.7. The Administration is not legally liable for the disclosure of data containing the trade secrets of the User resulting from the actions/omissions of the recipient of such information and/or illegal actions of the third parties.
Last updated: April 30, 2020