Date of last revision: February 15, 2024
This License Agreement (the “License Agreement”) sets forth the terms and conditions of use of MyOffice Documents, MyOffice Mail, MyOffice Focus and Squadus (jointly referred to as “Mobile Applications” and separately as “Mobile Application”), and is concluded under a simplified procedure between You and New Cloud Technologies Ltd., which is the Rightholder of the Mobile Applications.
Please read the following terms and conditions of the License Agreement carefully before using the Mobile Applications. Whenever You use the Mobile Applications, You fully and unconditionally accept the terms and conditions of this License Agreement.
If You do not accept the terms and conditions of the License Agreement in full, You do not have the right to use the Mobile Applications for any purpose or in any manner.
Capitalized terms and definitions in this License Agreement shall have the following meanings (irrespective of the number or case in which such terms and definitions are used):
“Rightholder” means NEW CLOUD TECHNOLOGIES Ltd. (OGRN (Primary State Registration Number) 1147746237660).
“You” or the “User” means a person (subject of civil law) who lawfully holds a License for Use.
“Mobile Application” means a computer program (as defined in Article 1261 of the Civil Code of the Russian Federation), the exclusive right to which belongs to the Rightholder and intended for use on Mobile Devices under mobile operating systems.
“Mobile Device” means a smartphone or tablet that meets the technical requirements for operating the Mobile Application as published in the corresponding Mobile Application Store.
“Mobile Application Store” means a digital platform (information system) not owned by the Rightholder that is operated via the Internet which allows You to download and Install Mobile Applications on Your Mobile Device under the terms and conditions defined by the Mobile Application Store.
“Installation” means recording (reproduction) of a Mobile Application and/or Update onto one (1) Your Mobile Device and further Mobile Application.
“Update” means a modification to the Mobile Application resulting from bug fixes and/or updates to the original Mobile Application, which may contain new solutions, implementation of new requirements, and new features resulting in independent (derivative) results of intellectual activity inseparable from the original Mobile Application.
“License for Use” means the right to use (simple (non-exclusive) license) the Mobile Application for Your own needs granted to You by the Rightholder or a person authorized by him/her, which includes the right to proceed with the Installation of the Mobile Application and/or its Updates and their further use for their functional purpose provided to You in accordance with the terms and conditions of this License Agreement.
1.1. This License Agreement shall become effective at the time You begin to Install the Mobile Application or begin to use it in any other manner, or express Your consent to enter into the License Agreement by selecting “I accept the terms and conditions of the License Agreement” followed by clicking the “Accept” or “Next” button.
1.2. Subject to the terms and conditions of this License Agreement, You are granted a License for Use the Mobile Application without territorial restrictions for the validity term of this License Agreement. Unless otherwise clearly follows from the nature of Your contractual relationship with the Rightholder and/or persons authorized by the Rightholder, the License for Use is provided to You free of charge. This License Agreement supersedes any standard license for use of the Mobile Application or other terms and conditions provided to You by the Mobile Application Store. At the same time, the Mobile Application Store may set additional terms and conditions of use of the Mobile Application that are mandatory for You.
1.3. You may install the Update either manually (in which case Installation of the Update will require Your participation) or automatically (via the Internet as part of the standard Mobile Application Stores procedure, with or without requiring Your consent in each case). By continuing to use the updated Mobile Application after You have Installed the Update on Your Mobile Device, You agree to accept the terms and conditions of this License Agreement with respect to the updated Mobile Application.
1.4. Mobile Applications may include electronic documentation and other components used along with the Mobile Applications.
1.5. The provisions of this License Agreement governing the use of certain Mobile Application shall also apply to all versions of the relevant Mobile Application, including such versions that may be developed after the effective date of this License Agreement. The version of the corresponding Mobile Application may be designated by the Rightholder by specifying the corresponding Arabic digit or digits after the name of the corresponding Mobile Application (for example, MyOffice Documents 2, MyOffice Documents 2.0). With the exception of the cases specified in Clause 1.6 of this License Agreement, the provisions of this clause also apply if the corresponding Mobile Application has an alternative name (designated, for example, by specifying the corresponding Arabic digit or digits after the name of the corresponding Mobile Application), including in a foreign language (for example, «МойОфис Документы»).
1.6. The terms and conditions of use of a Mobile Application intended for use on Mobile Devices running a certain (specific) mobile operating system may also be determined by separate license agreements with the Rightholder (for example, the terms and conditions of use of the MyOffice Documents Mobile Application intended for use on Mobile Devices running the Aurora mobile operating system are governed by a separate license agreement with the Rightholder. In this case, the terms and conditions of such a separate license agreement with the Rightholder shall prevail over the terms and conditions of this License Agreement.
2. Restrictions on Use
2.1. Except for use by means and to the extent which are directly stipulated by this License Agreement or by legislation of the Russian Federation, You do not have the right to use the Mobile Applications, including:
— to study, research or test the functioning of the Mobile Applications for the purpose of determining the ideas and principles underlying any element of the Mobile Applications, decomposing it, deciphering it or in other ways attempting to obtain the source text of the Mobile Applications.
— to modify and adapt the Mobile Applications (including to introduce into the Mobile Applications changes exclusively for the purpose of their functioning on the specific Mobile Devices used by You or when managed by Your specific programs).
— to correct errors in Mobile Applications.
— to reproduce, distribute, copy, bring the Mobile Applications to general knowledge in any form or by any means which is not explicitly stipulated in this License Agreement, including together with other programs, as part of packages, with an offer of other programs, settings and other products, regardless of the objectives of such use.
— to rent out or transfer for temporary use (including by means of transferring the Mobile Device on which the Mobile Applications have been installed), to sublicense, to transfer or assign the rights granted to You by this License Agreement, and any other rights relating to the Mobile Applications, to any other person, unless otherwise explicitly stipulated in this License Agreement.
— to delete, change or make hard to detect any notification about copyrights or the rights to trademarks which are indicated in the related documentation to the Mobile Applications or inside the Mobile Applications.
2.2. For violation of the intellectual property rights to the Mobile Applications, the User shall be civilly, administratively or criminally liable in accordance with the legislation of the Russian Federation.
3. License Agreement Validity Term
3.1. This License Agreement shall become effective on the date specified in Clause 1.1. of the License Agreement, and shall be valid for the term of the Rightholder's exclusive right to the Mobile Application that You are using. The Rightholder is entitled to make any changes in the present License Agreement unilaterally. The new version of the License Agreement is published at https://myoffice.ru/eula_mobile_en/ and shall become effective as of the date of its publication, unless otherwise specified in the relevant publication. You shall use the Mobile Applications in accordance with the current (up-to-date) License Agreement published on the aforementioned web page.
4. Consequences of Violating the Terms and Conditions of the License Agreement
4.1. In case You violate the terms and conditions of this License Agreement or the legislation of the Russian Federation when using the Mobile Applications, the Rightholder shall be entitled to take several actions to cease such violation, including unilateral extrajudicial termination of this License Agreement (revocation of the License for Use) without compensating the User for any losses. In this case, You shall immediately stop using and irrevocably uninstall all Mobile Applications from Your Mobile Device.
5. Limitation of Liability
5.1. Mobile Applications and their components are provided “as is”, with the functionality that You receive. The Rightholder does not provide any other warranties other than those set forth in this License Agreement.
5.2. The Rightholder, its founders, executives, employees, agents, and partners shall not be liable to You and/or any third parties to the maximum extent allowable by the legislation of the Russian Federation for any direct, indirect, incidental, punitive or consequential damages resulting from the use or inability to use the Mobile Applications for any reason, including but not limited to any modification thereof, temporary or complete termination of access, removal or corruption of data, unauthorized access or corruption of transmitted information, use of Mobile Applications by third parties, even if the Rightholder has been notified of such liability.
5.3. You agree to indemnify the Rightholder against claims of third parties who have signed contracts for rendering services that are partially or fully rendered by You via Mobile Applications.
5.4. Under no circumstances shall the Rightholder be liable to You and any third party for consequential damages. The notion of “consequential damages” includes but is not limited to losses of income, profit, expected savings, business activity or reputation.
5.5. In case of ascertainment of guilt in the actions of the Rightholder, the liability of the Rightholder under any circumstances in accordance with Article 15 of the Civil Code of the Russian Federation is limited to ten thousand (10,000) Russian rubles.
6.1. If You transfer any data to the Rightholder when using the Mobile Applications, the processing of which is regulated by the law applicable to this License Agreement, such data is processed in accordance with the policy published on the Rightholder's website.
7. Applicable Law
7.1. All relations between You and the Rightholder under this License Agreement shall be governed by the legislation of the Russian Federation.
8. Intellectual Property Rights
8.1. All intellectual rights to the Mobile Applications, including their design, interfaces and other components belong to the Rightholder and are protected by the legislation of the Russian Federation.
8.2. Separate components of the Mobile Applications can contain links and include materials and software distributed under a free license. In these cases, the Rightholder does not claim authorship and, to the extent possible, makes footnotes to the copyright ownership and location of the license agreement covering such software.
8.3. In no event shall any of the contents of this License Agreement be construed as granting, directly or indirectly, any license or right to use any trademarks, logos, service marks, or other protected intellectual property or means of individualization set forth herein. Any unauthorized use of trademarks, logos, service marks, other protected results of intellectual activity or means of individualization owned by the Rightholder (including but not limited to the trademarks "МойОфис", "MyOffice", "МоиДокументы", "MyDocuments", "МояПочта", "Сквадус", Squadus and others), without the written permission of the Rightholder is strictly prohibited.
8.4. The Rightholder shall be entitled to use the Mobile Applications at its own discretion in any manner not contrary to the law, including unilaterally introducing changes to the Mobile Applications, changing the functionality of the Mobile Applications (for example, by adding/removing relevant features), creating new versions of the Mobile Applications, and taking other actions related to the functioning of the Mobile Applications. The User agrees that any use of the Mobile Applications by the Rightholder may not result in a material change in the circumstances on which the User relied upon when entering into this License Agreement, nor may it result in damages or other unfavorable consequences for the User.
9.1. In the event that any part of this License Agreement is held invalid or void, the remainder of the License Agreement shall remain in full force and effect.
9.2. For all questions related to this License Agreement You can contact the Rightholder using the contact information on the Rightholder’s website: https://myoffice.ru/. Support for Mobile Applications Users is provided by email at firstname.lastname@example.org.
9.3. This text is the English translation of the original License Agreement written in Russian language which can be found on https://myoffice.ru/eula_mobile/. In case of any discrepancies between Russian and English texts of the License Agreement the Russian text shall prevail.
For the purposes of this License Agreement:
MyOffice Documents is an English literal translation of «МойОфис Документы».
MyOffice Mail is an English literal translation of «МойОфис Почта».
MyOffice Focus is an English literal translation of «МойОфис Фокус».