USER AGREEMENT

This Agreement is made between HIVE MIND ARTIFICIAL INTELLIGENCE Limited Liability Company (Hive Mind AI, LLC) (hereinafter referred to as “Owner”) and any person who, upon acceptance of the terms and conditions of this Agreement, becomes a user of the website located on the Internet at: https://hivemindai.ru/ (hereinafter referred to as the “Website”), hereinafter referred to as the “User”, hereinafter jointly referred to as the “Parties” and separately as the “Party”.

In accordance with Article 435 of the Civil Code of the Russian Federation, this User Agreement shall be recognised as an offer.

In accordance with Article 438 of the Civil Code of the Russian Federation, actions of the User representing the consistent performance of all registration procedures and activation of the User’s account shall be full and unconditional acceptance of this public offer.

Acceptance of the offer shall mean that the User agrees with all provisions of this public offer and undertakes to follow them. From the moment the User accepts this offer, this offer shall be deemed to be the User Agreement concluded between the Owner and the User on the terms and conditions established herein.

This Agreement concluded by accepting this offer shall not require bilateral signing and be valid in electronic form.

1. Terms and Definitions Used in this Agreement

Unless the text of this Agreement otherwise expressly requires, in this Agreement the following words and expressions shall have the meanings specified below:

1.1. “Website” shall mean a set of software and hardware for computers that provide publication of information and data for public view united by a common purpose, through technical means used for communication between computers on the Internet. The Website is available online at: https://hivemindai.ru/.

1.2. “Administration” / “Owner of the Website” shall mean Hive Mind Artificial Intelligence Limited Liability Company (Hive Mind AI, LLC), place of location: 41 Dubininskaya Street, building 1, room 12/1, Zamoskvorechye municipality intracity territory of the federal city, Moscow, 115054, Russian Federation, OGRN 1257700084696, INN 9705239073.

1.3. “Website Content” shall mean all objects placed on the Website, including design elements, text, graphics, images, illustrations, videos, scripts, programs, music, sounds and other objects and collections thereof. The Owner of the Website shall be the owner of the exclusive rights to use the Website including all content on the Website.

1.4. “User” shall mean a user of the Internet, in particular the Website, who has filled in one of the forms on the Website. If the User is a minor, his/her interests shall be represented by his/her legal representative.

Hive Mind IA, LLC shall not intentionally collect personal data of minors without the consent of their legal representatives.

If the User has not reached the legal age, the User shall need the consent of legal representatives to get full access to the services of the Website. Parents, adoptive parents, guardians, custodians or other persons to whom this right is granted in accordance with the legislation of the Russian Federation may act as the legal representatives. A minor User may provide the Owner of the Website with his/her personal data only with the authorisation or subsequent written approval of his/her legal representative. The legal representatives may contact the Owner of the Website at any time via the “User Request for Personal Data” interface available on the official Website, or by e-mail info@hivemindai.ru to withdraw the consent previously given or make a request to access, correct, download, block, delete or prohibit the use of all or some of the personal data of the minor User by the Owner of the Website.

1.5. “Moderation” shall mean review by the Owner of the Website of information placed (or planned to be placed – “Premoderation”) on the Website by the User for its compliance with the provisions of this Agreement.

• Subject of the Agreement

2.1. The Owner of the Website shall provide the User with access to the facilities of the Website; upon this, a mandatory condition set by the Owner of the Website to provide access in accordance with this Agreement shall be acceptance, observance by the User and application of the requirements and provisions established by this Agreement to the relations between the Parties.

2.2. The Owner of the Website shall reserve the right to change the terms and conditions of this Agreement and all its integral parts without getting approval from the User and with notification of the latter by placing on the Website a new version of this Agreement or any integral part hereof which has undergone changes. Taking into account that newsletters may be recognised as spam, the User shall undertake to read the content of this Agreement placed on the Website at least once a month in order to be informed of changes herein in due time. The new version of this Agreement and/or any integral part hereof shall come into force from the moment of its publication on the Website, unless, when publishing, the Owner of the Website has not determined another term for the changes to come into force. The current version of this Agreement and all annexes hereto shall always be publicly available on the Website at the address: https://hivemindai.ru/.

• Rights and Obligations of the Owner of the Website

3.1. The Owner of the Website shall undertake to:

3.1.1. Provide the User with the access specified in clause 2.1 hereof.

3.1.2. Provide 24-hour availability of the server on which the Website is located, except for the time of preventive maintenance.

3.2. The Owner of the Website shall have the right to:

3.2.1. In the event that the User violates the terms and conditions of this Agreement, send the User a warning containing a list of violations. If the User does not eliminate violations within 1 (One) calendar day from the moment of sending a notice to him/her or repeatedly violates the specified terms and conditions or other conditions, the Owner of the Website shall have the right to unilaterally repudiate this Agreement and perform the actions established by clause 6.6 hereof.

3.2.2. But the Owner of the Website shall not be obliged to moderate messages, photos and other materials posted by Users on the Website.

3.2.3. Dispose of statistical information related to the functioning of the Website as well as information of the Users to ensure targeted display of advertising information to different audiences of the Users of the Website.

3.2.4. Send the User information on the development of the Website and its facilities; send SMS messages, e-mail messages, messages via Internet messengers (Telegram, WhatsApp, Viber, VKontakte) in order to inform about activation codes, surveys on the quality of the Website, provide and request other information, including information of advertising nature.

3.2.5. In the event of violation of this Agreement by the User, the Owner of the Website shall have the right to suspend or block for an indefinite period of time the User’s access to the Website or its separate facilities, or, in the event of repeated or gross violation of the Rules, delete the User’s account.

3.3. The Owner of the Website shall resolve issues related to the commercial use of the Website, in particular, issues related to the possibility of advertising on the Website, participation in partnership programmes, agreements, etc.

3.4. The owner of the Website shall not be engaged in consideration and resolution of disputes and conflict situations arising between the Users, but reserve the right to block the User’s access to the Website in the event of receiving from other Users substantiated complaints about incorrect behaviour of the User on the Website.

• Rights and Obligations of the User

4.1. The User shall undertake to:

4.1.1. Read in full the terms and conditions of this Agreement prior to registering on the Website.

4.1.2. Comply with all terms and conditions of this Agreement.

4.1.3. Not to transfer to third parties information about other Users obtained through the Website.

4.1.4. Not to place personal data of other persons on the Website as well as not to use personal data of other Users in any way that does not comply with the requirements of the current legislation of the Russian Federation, for illegal or unlawful purposes, for the purpose of benefit and any other purposes that do not comply with the objectives of creation of the Website.

4.1.5. Not to register as a User on behalf of or instead of another person or register a group (association) of persons or a legal entity/individual entrepreneur as a User.

4.1.6. Not to download, store, publish, distribute any information that:

• contains threats, discredits, insults, defames honour and dignity or business reputation or violates the privacy of other Users or third parties;
• violates the rights of minors;
• is vulgar or obscene, contains profanity, pornographic images and texts or scenes of a sexual nature involving minors;
• contains scenes of violence or inhuman treatment of animals;
• contains the description of the means and methods of suicide, any incitement to commit suicide;
• propagates and/or facilitates incitement of racial, religious, ethnic hatred or hostility, propagates fascism or ideology of racial superiority;
• contains extremist materials;
• propagates criminal activity or contains advice, instructions or guidelines for the commission of criminal acts;
• contains restricted information, including, but not limited to, state and commercial secrets, information on the private life of third parties;
• contains advertisements or describes the attractiveness of alcohol and/or drug use, including “digital drugs” (sound files that influence the human brain through binaural rhythms), information on the distribution of drugs, recipes for their manufacture and tips for use;
• has a fraudulent nature;
• as well as violates other rights and interests of citizens and legal entities or requirements of the current legislation of the Russian Federation.

4.1.7. Not to use software and not to perform actions aimed at disrupting proper functioning of the Website and its facilities or personal pages of the Users; not to download, store, publish, distribute or provide access or otherwise use viruses, Trojans and other malicious programs; not to use without special permission of the Owner of the Website automated scripts (programs) for collection of information on the Website and (or) interaction with the Website and its facilities.

4.2. The User may not:

4.2.1. Unlawfully collect and process personal data of other Users.

4.2.2. Access any services by any means other than through the interface provided by the Owner of the Website, unless such actions have been expressly authorised to the User in accordance with a separate agreement with the Owner of the Website.

4.2.3. Reproduce, duplicate, copy, sell, trade and resell the services for any purpose unless such actions have been expressly authorised to the User under the terms of a separate agreement with the Owner of the Website.

4.2.4. Place commercial and political advertisements outside of the special sections of the Website established by the Owner of the Website.

4.2.5. Place any information, which, in the opinion of the Owner of the Website, is undesirable, infringes the interests of the Users or undesirable for placement on the Website for other reasons.

4.3. The User shall have the right to:

4.3.1. Have 24-hour access to the server on which the Website is located, except for the time of preventive maintenance.

4.3.2. Use the materials of the Website wholly for private purposes.

The use of materials from the Website available to the Users shall be permitted provided that each copy of the materials from the Website contains a link to the Internet address where the materials are placed on the Website.

4.4. The User shall agree that by accessing the Website and using its content, the User:

4.4.1. Expresses its unconditional consent to all terms and conditions of this Agreement and undertakes to comply with them or cease using the Website.

4.4.2. Receives the personal non-exclusive and non-transferable right to use the content of the Website on one computer, provided that neither the User nor any other person with the assistance of the User will not copy or modify the software; or create programs derived from the software; or penetrate the software in order to obtain program codes; or sell, assign, lease, transfer to third parties in any other form the rights in relation to the software of the facilities provided by the Website.

• Liability of the Parties

5.1. The Owner of the Website shall not warrant that the Website software is free of bugs and/or computer viruses or foreign code fragments. The Owner of the Website shall provide the User with the opportunity to use the Website software “as it is”, without any guarantees on the part of the Owner of the Website.

5.2. The Owner of the Website shall not be liable for the losses caused to the User as a result of communication of inaccurate information by another User as well as caused by actions (omission) of another User. The Owner of the Website shall not guarantee that information contained in the User Profiles is reliable and complete.

5.3. The Owner of the Website shall make every possible effort to ensure proper operation of the Website, but shall not be liable for failure to fulfil or improper fulfilment of obligations under this Agreement as well as possible losses incurred, including, but not limited to, as a result of:

• unlawful actions of the Users aimed at violation of information security or proper functioning of the Website;

• failures in the Website operation caused by code errors, computer viruses and other foreign code fragments in the Website software;

• absence (inability to establish, termination, etc.) of Internet connections between the User’s server and Website server;

• activities of the government and municipal bodies as well as other organisations within the framework of the System of Investigative Measures;

• establishment of state regulation (or regulation by other organisations) of business activities of commercial organisations on the Internet and/or establishment by the specified bodies of one-time restrictions that complicate or make it impossible to perform this Agreement;

• other cases related to actions (omission) of the Users and/or other parties aimed at worsening the general situation with the use of the Internet and/or computer equipment that existed at the time of conclusion of this Agreement as well as any other actions directed at the Website and third parties;

• performance of works specified in clauses 5.5 and 5.6 hereof.

5.4. The Owner of the Website shall have the right to perform preventive works in the hardware and software complex of the Website with suspension of the Website operation, as far as feasible at night time and with minimising the time of inoperability of the Website as much as possible, notifying the User about it, if it is technically possible.

5.5. In the event of force majeure as well as accidents or failures in hardware and software complexes of third parties cooperating with the Owner of the Website, or actions (omission) of third parties aimed at suspending or terminating the Website operation, the Website operation may be suspended without prior notice to the User.

5.6. The Owner of the Website shall not be liable for violation of these Rules by the User and shall reserve the right at its own discretion, as well as upon receipt of information from other users or third parties about violation of these Rules the User, to change (moderate) or delete any information published by the User that violates the prohibitions established by these Rules (including personal messages), suspend, restrict or terminate access of the User to all or any of the sections or facilities of the Website at any time for any reason or without reason, with or without prior notice, without being liable for any damage that may be caused by such action. The Owner of the Website shall reserve the right to delete the User’s Profile and (or) suspend, restrict or terminate access of the User to any of the Website facilities if it finds that, in its opinion, the User poses a threat to the Website and (or) its Users. The Owner of the Website shall not be liable for temporary blocking or deletion of information or deletion of the personal page (termination of registration) of the User performed in accordance with these Rules. Deletion of the User’s Profile shall mean automatic deletion of all information posted on it as well as all information of the User entered upon registration on the Website. After deletion of the personal page, the User shall lose the right of access to the Website.

5.7. Neither of the Parties shall be liable for full or partial non-fulfilment of any of their obligations if such non-fulfilment is due to circumstances such as flood, fire, earthquake, other natural disasters, war or hostilities and other force majeure arising after the conclusion of this Agreement and being beyond the control of the Parties.

• Exclusive Rights to the Facilities and Website Content

6.1. All objects available through the facilities of the Website, including design elements, text, graphic images, illustrations, video, computer programs, databases, and other objects, hereinafter referred to as the “Content of the Website Facilities” as well as any content posted on the Website Facilities shall be the subjects of exclusive rights of the Owner of the Website.

6.2. The use of content as well as any other elements of the Website Facilities shall be possible only within the functionality offered by one or another of the Website Facilities. Neither elements of the Content of the Website Facilities no any content posted on the Website Facilities may be used in any other way without prior authorisation of the right holder. The “Use” shall mean, among other things: reproduction, copying, processing, distribution on any basis, display in a frame, etc. The exception shall be cases directly stipulated by the current legislation of the Russian Federation or the terms and conditions of the use of a particular facility of the Website.

The use of the content elements of the Website Facilities by the User as well as any content for personal non-commercial use shall be allowed provided that all copyright, related rights, trademarks, other notices of preservation of authorship, preservation of the name (or pseudonym) of the author / rights holder, preservation of the corresponding subject remain unchanged. The exception shall be the cases directly provided by the current legislation of the Russian Federation or user agreements of one or another facility of the Website.

• Procedure for the Resolution of Disputes and Settlement of Claims

7.1. In the event of disputes between the User and the Owner of the Website on issues related to the performance of this Agreement, the Parties shall take all measures to resolve them through negotiations between themselves. The pre-court dispute resolution procedure shall be mandatory. Claims of the Users in regard to the services rendered shall be accepted and considered by the Owner of the Website only in a written form and in the manner provided for by this Agreement and current legislation of the Russian Federation.

7.2. The following claim procedure shall be used to resolve disputes arising between the User and the Owner of the Website as a result of the use of services. The User who considers that his/her rights are violated due to the actions of the Owner of the Website shall send to the latter a claim containing the essence of the claim, reason for its submission and all the User’s data. The claim shall also be sent to the Owner of the Website in a written form by mail or fax.

The Owner of the Website shall be obliged within 5 (Five) business days from the date of receipt of the claim to state its position on the principal issues specified therein and send its response to the e-mail address or postal address specified in the User’s claim.

In the event that it is impossible to resolve the dispute through the pre-court procedure, the dispute shall be considered in accordance with clause 6.4 hereof.

The Owner of the Website shall not consider anonymous claims or claims that do not allow to identify the User on the basis of data provided by the User upon registration, or claims that do not contain data specified in this clause.

7.3. In order to solve technical issues in determining the User’s fault as a result of his/her unlawful actions when using the Internet and Website, in particular, the Owner of the Website shall have the right to independently engage competent organisations as experts. In the event that the User’s fault is established, the latter shall be obliged to reimburse the costs of the expert examination.

7.4. In the event of a failure to reach an agreement between the Parties through negotiations, the dispute arising from this Agreement shall be subject to consideration in a court of general jurisdiction at the location of the Owner of the Website.

• Miscellaneous

8.1. This Agreement shall come into force from the moment of acceptance of this offer by the User and be concluded for an indefinite period of time.

8.2. This Agreement shall be an offer; and the Owner of the Website shall have the right, by virtue of the current civil legislation of the Russian Federation, to withdraw the offer in accordance with Article 436 of the Civil Code of the Russian Federation. If the Owner of the Website revokes this Agreement, this Agreement shall be deemed to be terminated from the date of such revocation. Revocation shall be made by placing the relevant information on the Website.

8.3. The provisions of this Agreement shall be established, amended and cancelled by the Owner of the Website unilaterally without prior notice. The previous version of this Agreement shall be deemed to be null and void from the moment the new version of this Agreement is placed on the Website. In the event of material change in the provisions of this Agreement, the Owner of the Website shall notify the Users thereof by placing a corresponding message on the Website.

8.4. If the User does not agree to the terms and conditions of this Agreement, the User shall immediately remove his/her Profile from the Website; otherwise, if the User continues using the Website, it shall mean that the User agrees to the terms and conditions of this Agreement.

8.5. The issues not settled by this Agreement shall be resolved in accordance with the current legislation of the Russian Federation.

8.6. If for any reason one or more provisions of this Agreement shall be held invalid or unenforceable, the validity or enforceability of the remaining provisions of this Agreement shall not be affected.

8.7. Omission on the part of the Owner of the Website in the event of violation of the provisions of this Agreement by the User or other users shall not deprive the Owner of the Website of the right to take appropriate measures to defend its interests later, nor does it mean the waiver of the Owner of the Website of its rights in the event of subsequent commission of similar violations.