1. Definitions and terms
Contractor — LLC "NPF Dinamika", with legal address 196158, Russian Federation, Saint Petersburg, Moskovskoe shosse, house 16, building 1, room 174, INN 7810039457
Offer — this document “Offer for the provision of paid subscription services”, posted on the Internet at: https://en.dyn.ru/getpulse_offer
User – a legally capable individual who has accepted this Offer.
Application — GetPulse mobile application, available for download from the AppStore at the link: https://apps.apple.com/ru/app/getpulse/id6475164355
Subscription — providing the User, under the terms of the Agreement, with the opportunity to receive extended functionality in the GetPulse application for a fee during a limited period of time.
Content — is the informational content of the application (text, images, and other forms of information).
Parties — Contractor and User.
Acceptance of the Offer — full and unconditional acceptance of the Offer by the User by performing the actions specified in paragraph 3.5 of the Offer. Acceptance of the Offer means the conclusion of the Agreement.
Agreement — an agreement for the provision of paid subscription services between the User and the Contractor, which is concluded by accepting the Offer, in accordance with the terms set out in the Offer, as well as the provisions of Art. 429.4 of the Civil Code of the Russian Federation (subscription agreement). The Agreement is considered to be concluded in writing on the basis of the provisions of paragraph 3 of Art. 434, paragraph 3 of Art. 438 of the Civil Code of the Russian Federation.
2. Subject of the agreement
The subject of the Agreement concluded under the terms of the Offer is the provision by the Contractor to the User, within the framework of the Subscription, of the opportunity, for a fee (hereinafter referred to as the “Subscription Cost”), for a limited period of time (hereinafter referred to as the “Subscription Period”) to access the extended functionality of the Application, described within the Application.
3. Terms and conditions for provision of services
3.1 The text of the Offer, permanently posted on the page https://en.dyn.ru/getpulse_offer, contains all essential conditions and is an offer of the Contractor to conclude an Agreement with any fully capable individual using the Application, on the terms specified in the text of the Offer. This document is a public offer in accordance with Russian legislation.
3.2 A mandatory condition for the provision of Services by the Contractor under the Subscription is the acceptance and compliance by the User, application to the relations of the Parties under the Agreement of the requirements and provisions set out in the Offer and the personal data processing policy (https://dyn.ru/aboutus#politics).
3.3 LLC "NPF Dinamika" has the right to make changes to this Offer without additional notification to users.
3.4 Procedure for concluding the Agreement
3.4.1 The User becomes familiar with the terms of the Offer, information about the Contractor, about the Services available within the Subscription, and the terms of their provision, which can be obtained within the Subscription, as well as information about the Subscription Cost and the Subscription Period, posted in the application.
3.4.2 The user goes through the authorization procedure in the application.
3.4.3 After performing the actions specified in paragraphs 3.4.1 - 3.4.2 of the Offer, the User accepts the Offer by clicking the “Subscribe” button (or a similar button for connecting a subscription) and paying the Subscription Cost.
3.5 Unless otherwise provided in the subscription description, the Subscription Fee is charged for each Subscription Period specified by the User when registering for the Subscription.
A subscription period equal to a month begins to run from the date of payment for the Subscription and expires on the corresponding date of the calendar month following the date of payment for the Subscription.
A subscription period equal to a year begins to run from the date of payment for the Subscription and expires on the corresponding month and date of the calendar year following the date of payment for the Subscription.
3.6 The Subscription Cost shall be paid by the User in the manner prescribed by this clause.
When specifying the Linked Card details and further using the Linked Card, the User confirms and guarantees that he has specified accurate and complete information about a valid bank card issued in his name; that he complies with the rules of international payment systems and the requirements of the issuing bank that issued the Linked Card, including with respect to the procedure for making non-cash payments; that he has specified accurate and complete information about the electronic payment instrument; and that he complies with the requirements of the electronic money operator.
The Subscription Cost shall be paid by the User via the application, with the Contractor being the recipient of the payment, from the User funds towards the Subscription Cost with the involvement of an authorized payment acceptance operator, or an electronic money operator, or other participants in settlements, information technology interaction. The Contractor does not guarantee the absence of errors and failures in relation to the provision of the possibility of non-cash payments. The Contractor is not a payment agent in accordance with Russian legislation.
When registering a Subscription, the User agrees that for each Subscription Period specified by the User when registering the Subscription, the Contractor has the right to charge the Subscription Cost (subscription fee) established on the day of payment in advance until the User refuses to renew the Subscription for the next Subscription Period.
3.7 The User understands and agrees that the Subscription is issued indefinitely by default from the moment of payment for the first Subscription Period. The User has the right to refuse to renew the Subscription for the next Subscription Period in the Application. In this case, the User's access to the extended functionality of the Application within the Subscription is terminated from the day following the last day of the paid Subscription Period. In addition, the Subscription may be terminated by the Contractor in other cases or on other grounds provided for in this Offer.
3.8 In the event that there is not a sufficient amount of money on the Linked Card to renew the Subscription, the Contractor has the right to consider that the User has refused to renew the Subscription from the start date of the unpaid Subscription Period.
3.9 The User, by accepting the terms of this Offer, gives his consent to the automatic periodic debiting of funds from his account to pay for the Subscription, and acknowledges that the instructions to debit funds from his account, sent in accordance with this clause of the Offer, are the instructions of the User himself, and the actions of the processing center and the acquiring bank aimed at debiting funds in accordance with this clause of the Offer are carried out with the consent of the User. The debiting of funds in accordance with this clause of the Offer begins to occur automatically if the following conditions are met:
- the User enters all the necessary details of the Linked Card;
- activation of the service for writing off funds automatically from the Linked Card in the following way: automatically when making the first payment;
- pressing the “Pay” button (or another button with similar functionality), confirming the User’s consent to this Offer.
3.10 By completing the Subscription, the User is deemed to have accepted the terms of the Offer, as well as the provisions of the documents referred to in this Offer, in full, without any reservations or exceptions. In the event of the User's disagreement with the provisions of the said documents, the User is obliged to terminate the Subscription in the application.
3.11 Access to the Subscription is considered to be provided to the User for the Subscription Period in full from the moment the User pays for the Subscription Cost in the application, provided that the fact of payment is reflected in the Contractor's electronic payment accounting system. The Contractor's obligations to provide the User with access to the Subscription are considered to be fulfilled to the User regardless of whether the User requested the corresponding performance from the Contractor during the Subscription Period, and regardless of whether the User used the extended functionality during the Subscription Period.
4. Rights and obligations of the parties, guarantees
4.1 The Contractor undertakes to:
4.1.1 provide extended functionality within the Subscription;
4.2 The User undertakes to:
4.2.1 provide the Contractor with all information, communicate the data that is necessary for the provision of Services by the Contractor;
4.2.2 provide the Contractor with the necessary assistance in the latter’s fulfillment of the provisions of the Offer;
4.2.3 pay the Subscription Cost in accordance with the terms of the Offer.
4.3 The Contractor has the right to:
4.3.1 request from the User additional information necessary for the provision of Services;
4.3.2 in the event of the User’s violation of its obligations under the Offer, suspend or terminate the provision of Services.
4.4 The User has the right to receive the extended functionality described in the Subscription.
4.5 The User guarantees that he is legally capable and has reached the age required in accordance with the legislation of the Russian Federation to complete the transaction provided for in the Offer.
4.6 The User guarantees the accuracy of the personal information provided during registration and use of the Service and when completing the Subscription, and assumes full responsibility for its accuracy, completeness and accuracy. The User assumes all possible risks associated with his actions committed with errors or inaccuracies in the personal information provided.
4.7 The User confirms that he has fully read and unconditionally agreed with the Offer, as well as the fact that he understands the provisions of the Offer and the documents to which the Offer refers.
4.8 The User grants the Contractor the exclusive right to all content created and uploaded by him in the Application. (The right to remove from the Application, modify, copy or use such content in any other way).
5. Subscription cost and payment terms
5.1 The Subscription Cost is indicated in the application on the subscription screen, includes remuneration and all expenses, costs of the Contractor related to the provision of Services under the Subscription, unless otherwise provided by the Offer.
5.2 Payment for the Subscription Cost is made by cashless payment from the Linked Card in the manner described in paragraph 3.5 of the Offer.
6. Personal data
6.1 The Contractor undertakes to process the User’s personal information received by him within the framework of the provision of Subscription Services in accordance with the requirements of the Federal Law “On Personal Data” dated 27.07.2006 No. 152-FZ.
6.2 The processing of the User's personal information is limited to the purposes of providing the Subscription Services. The Contractor has the right to transfer personal information to third parties only if such transfer is necessary for the provision of the Services, including with the participation or involvement of third parties in the performance of obligations under this Agreement. The Contractor has the right to use data containing anonymized personal information of Users, including the transfer of such data to third parties, to create and process statistical data, improve the quality of services.
7. Duration of the contract
7.1 The Agreement comes into force from the moment of its conclusion and is valid:
7.1.1 until the Parties fulfill their obligations under the Agreement, or
7.1.2 until the termination of the Agreement in the manner specified in clause 7.3 of the Agreement.
7.2 The Parties have agreed that the Contractor has the right to unilaterally make changes to the Agreement, which shall enter into force from the moment the amended text of the Offer is posted on the website (https://en.dyn.ru), unless another date for the entry into force of the changes is specified in the amended text of the Offer.
7.3 The contract may be terminated:
7.3.1 by agreement of the Parties at any time;
7.3.2 at the initiative of the User, using the Subscription deactivation functionality in the application;
7.3.3 when the User returns funds for a paid subscription;
7.3.4 if the user has not made the required payment for the subscription that has been issued or is being renewed;
7.3.5 at the initiative of the Contractor, if the User has violated the terms of this offer;
8. Responsibilities of the parties
8.1 For violation of the terms of the Agreement, the Parties shall bear liability established by the Agreement and/or the current legislation of the Russian Federation.
8.2 The Contractor has the right to unilaterally terminate the Agreement out of court in the event of the User’s violation of the assurances set out in paragraphs 4.5 - 4.7 of the Offer.
8.3 The Parties shall be released from liability for partial or complete failure to fulfill their obligations under this Agreement if such failure was a consequence of force majeure circumstances that arose after the conclusion of the Agreement, or if the failure of the Parties to fulfill their obligations under the Agreement was a consequence of extraordinary events that the Parties could neither foresee nor prevent by reasonable measures. Force majeure circumstances include events that a Party cannot influence and for the occurrence of which it shall not be liable, including: war, uprising, strike, earthquake, flood, other natural disasters, fire, power failures that occurred through no fault of the Parties, actions and acts of government bodies taken after the conclusion of the Agreement and making it impossible to fulfill the obligations established by the Agreement, and other unforeseen circumstances and events and phenomena beyond the control of the Parties, but not limited to the above.
8.4. In order to combat unfair behavior of Users, the Contractor reserves the right to unilaterally and extrajudicially terminate the Agreement in the event of detection of corresponding unfair behavior.
8.5 The Contractor shall not be liable for any adverse consequences that may arise for the User as a result of the actions (inactions) of the Contractor.
9. Other conditions
9.1 The Agreement, its conclusion and execution are regulated by the current legislation of the Russian Federation. All issues not regulated by the Agreement or not fully regulated are regulated in accordance with the substantive law of the Russian Federation.
9.2 Claims from the User are accepted to the e-mail address of the Support Service (support@dyn.ru), and if necessary, at the request of the Contractor, are also sent in writing to the address specified in paragraph 10 of the Offer. The term for consideration of the User's claim is up to 10 working days from the date of its receipt.
9.3 If disputes between the User and the Contractor regarding the Agreement are not resolved through negotiations between the Parties, they are subject to consideration in court in the manner prescribed by current legislation.
9.4 If one or more provisions of the Agreement are invalid or unenforceable for any reason, such invalidity shall not affect the validity of any other provisions of the Agreement, which shall remain in force.
9.5 The Contractor has the right to unilaterally change the amount of the subscription fee for the Subscription. In this case, the User who has registered and paid for the Subscription (with automatic renewal of the subscription) is notified of such change no later than 3 (three) calendar days before the changes come into effect by posting information about the new amount of the subscription fee on the website (https://en.dyn.ru), in marketing and advertising materials provided to Users or in the application itself. In this case, the cost of the Subscription Period actually paid by the User at the time of making the relevant changes is not subject to change.
10. Contractor's details
Name: LLC "NPF Dinamika"
Address: St. Petersburg, Moskovskoe Shosse st., 16, building 1, room 174
tel.: +7 (812) 697-37-37
https://dyn.rumail@dyn.ru
INN 7810039457