This User Agreement (the «User Agreement» or «PS») is concluded between Individual Entrepreneur Maxim Dyakonov (a legal entity registered in accordance with the legislation of the Russian Federation, OGRN 318774600266905, TIN 503010875297, legal address: 3 Atlasova St., Moscow, 108811, Russia (the «Developer») being the sole legal owner of the beatmarket.one software (software located on the Internet site with the addresses beatmarket.one, интелинвест.рф, as well as on subdomains of these sites, ensuring the functioning of the Internet service beatmarket.one), (hereinafter referred to as the «Software, Software»), and the person referred to in clause 2.1 of this Agreement (hereinafter referred to as the «User»), or using the Internet service beatmarket.one without registration,
User and Developers regarding the use of the Internet service beatmarket.one. The User and the Developer may collectively be referred to hereinafter as the «Parties.»
Creating your Account on the Internet service beatmarket.one, as well as using the Internet service beatmarket.one without registration,
The User agrees to the unconditional performance of the provisions of this User Agreement from the moment of,
the beginning of the use of the Internet service beatmarket.one.,
Developer shall have the right at any time to supplement, modify or otherwise modify the terms of this Agreement,
"(or any part thereof) without prior notice or consent of the User. All additions, changes and,
modifications to this Agreement shall be published by Developer on its website at https ://beatmarket.one/terms-of-use and shall become effective upon its placement.
SOFT - Software.,
Software user - the person who performed the actions provided for in Article 2.1. Agreements.,
The terms "Developer" and "Copyright Holder" under this Agreement have the same meaning.,
Source Software Code - a text representation of the software written in the source programming language,
Software code execution - the process of executing software source code instructions on a computer.,
Database is an array of information selected and ordered in a given way and processed using a computer.,
Interface is a set of software and hardware that allows the user to interact with the software.,
Disassembler is a translator that converts machine code, object file, or library modules into assembly language program text.,
Exchange information - non-confidential information (messages, data) on the progress and results of trading on the Exchange and other trade organizers,
provided in real time, with a delay or in the form of trading results, as well as information messages of the Exchange or third parties received,
processed and systematized using the software and hardware of the Exchange.,
Non-display usage - any actions with Exchange Information, including recording, copying, systematization, transformation,
transfer, execution of logical and/or arithmetic operations and other actions performed in full or,
partially with the use of computer programs (software, software), which does not have its own goals:,
demonstration of Exchange Information on screens (displays) and/or creation of Derived Information based on it.,
Processing in the back office systems of data exclusively on the bids and transactions of the Client, which is the Bidder,
as well as the receipt, processing and transfer of Exchange Information by Distributors to their customers for viewing on devices,
having screens (displays) are not related to Non-display use.,
Investment advisory activities are the provision of advisory services in relation to securities, transactions with them and
(or) entering into contracts that are derivative financial instruments by granting,
individual investment recommendations.
2.1. Only the person who completed the registration process on the Developer's website is considered a user,
at: https ://beatmarket.one and provided during such a registration process complete and accurate (including,
but not limited to this, reliable and up-to-date) information about himself. "User Account" (hereinafter referred to as
also as "Account") - a set of information (User login, e-mail address (e-mail),
which allows you to uniquely identify the User during his use of the Internet service beatmarket.one.,
The account is created by the User by providing information about itself to the Developer. If,
the information provided during the registration process will be (in the Developer's opinion) inaccurate, inaccurate,
and/or false, this Agreement shall be deemed to be unenforceable. The person who performed the registration process according to,
to the above paragraph 1 of this clause, shall update in a timely manner the information provided to them about,
him/herself, and is also responsible for all the negative consequences of violating this requirement. For the avoidance of doubt,
under this Agreement, the terms "User" and "Customer" have the same meaning.,
2.2. A person who has registered as a Software User by notifying the Developer of consent,
with the terms of this Agreement or the use of the Software (in accordance with clause 3.2 of this Agreement),
is considered to have stated an understanding that:,
(a) there is a substantial amount of risk in the trading of the Instruments and the existence of the possibility of losing all, the bulk or part of its capital (invested, borrowed or otherwise used).
(b) The Developer does not provide, has no opportunity to provide, and will not provide in the future an assessment or guarantee of the suitability or return of any individual investment or the potential value of any investment. The securities mentioned on our website may not be appropriate for investors depending on their specific investment objectives and financial position.
2.3. It is not allowed to transfer, assign or otherwise provide (for temporary or other use) to others,
persons of the Login and Password assigned to the User. The user is solely responsible for saving,
the Login and Password assigned to him are secret and undertakes to change them regularly.,
3.1. For the avoidance of doubt, a reference to the Software made in this Agreement includes a reference to:,
(a) software source code;,
(b) software code execution;,
(c) mathematical and other algorithms used in the software;,
(d) design and interface capabilities;,
(e) software name;,
(f) the design of the logo intended to serve as a hallmark of the software;,
(g) databases created during the use of the software (regardless of the person who chose the information to build such databases).
3.2. The software is intended for:,
(a) comprehensive accounting of various financial instruments: shares of Russian and foreign companies, bonds, compulsory medical insurance, mutual funds, bank deposits, and other assets.,
(b) the study (search) of financial instruments circulating on the open market (the "Instrument");,
For the avoidance of doubt, in the absence of a special agreement between the Developer and an individual user (e.g.,
an agreement in the form of a written document signed by both parties), at the time of this conclusion,
of the Agreement User agrees that:,
(a) list, quantity, type, quality and any features of the Tools proposed for study and/or further confirmation;,
(b) the list, quantity, type, quality and any features of the Data provided for confirmation;,
(c) the list, quantity, type, quality and any features of the Parameters proposed for the creation of the relevant portfolios of the Instruments shall be determined at all times and at the sole discretion of the Developer and may at any time be replaced, supplemented, reduced, modified or otherwise modified without prior consent and/or subsequent notification to the User.
3.3. Any material or information provided resulting from the use or use of the Software,
is the result of the introduction of a mathematical model (algorithm) implemented by the Developer in the Software. The action of the algorithm depends on the Parameters set by the User. Not an investment advisory activity
3.4. For the avoidance of doubt, Developer hereby declares that it is not a financial advisor,
an investment broker or investment banking institution, and software (as well as any materials or information,
obtained with the help of software) does not constitute a recommendation, statement and/or consultation that could be provided,
a financial adviser, investment broker or investment banking institution. Any material or information,
obtained with the help of the software, are intended solely for informational purposes and are not financial advice.,
Under no circumstances shall Developer be liable for investment decisions or actions taken,
by the user as a result of or during the use of the software.
4.1. In accordance with this Agreement, the User is provided with a simple (non-exclusive and non-transferable),
a license to use the Software by accessing its interface on the Developers website at: https ://beatmarket.one,
which authorizes it only to use the software for the purposes of clause 3.2 hereof,
4.2. The rights granted to the User under this Agreement may vary in terms of available functionality,
subject to the remuneration payable by the User and the User agrees to it.,
4.3. The reliable and correct operation and performance of the software depends on compliance with the conditions established,
in paragraph 4 of sub-clause 4 of this Agreement.
4.4. The User undertakes:
(a) not to transfer to third parties the rights to gain access to or use of the Software, to enter into sublicense and other similar contracts for the use of the Software.,
(b) not grant software access to unauthorized third-party applications.,
(e) not disassemble, decompile, decrypt, hack, emulate, develop or study the technologies that are included in the software, except when this is expressly allowed by the legislation of the Russian Federation.
(f) not to publish, copy, rent, sell, export, import, distribute or lend to the Software as a whole unless the Copyright Holder has granted direct written permission to do so.,
(g) not use the Software in any unauthorized manner that may impede its use by any other person or make it difficult to access any service, data, account or network.,
(h) not to exercise the rights conferred upon it in respect of the SOFTWARE in any manner that harms, is capable of or potentially may harm the protected public interest (this reference includes references to the rights of any person or group of persons, any state, local authority or social group) in any jurisdiction of the world;,
(i) not to reproduce, publish, broadcast, distribute, download, transmit, place or otherwise distribute any material or information obtained by the Software without the Developer's prior written consent.
(j) not to be used otherwise than for the purpose of using the Software, any data, programs, program code or part thereof that has been downloaded, stored or recorded on any devices (or parts thereof) used by the User to exercise rights in respect of the Software provided under this Agreement and as a result of the use of the Software.
(k) not to reproduce, publish, broadcast, distribute, download, transmit, place or otherwise distribute any material or information obtained by the Software without the Developer's prior written consent.
(l) not to be used otherwise than for the purpose of using the Software, any data, programs, program code or part thereof that has been downloaded, stored or recorded on any devices (or parts thereof) used by the User to exercise rights in respect of the Software provided under this Agreement and as a result of the use of the Software.
(m) when using software materials in full or in part, indicate an active hyperlink to the beatmarket.one website.,
4.5. The user is warned that:
(a) Public Joint Stock Company "Moscow Exchange MICEX-RTS" (hereinafter referred to as the Exchange) is the source and owner of the Exchange Information.,
(b) The User has no right, without the written consent of the Exchange, to further distribute or provide the information received to third parties in any form and by any means, including electronic, mechanical, photocopying, recording or other methods of copying and transmitting information, its broadcast, demonstration or provision of access to such information, as well as its use in gaming, training and other systems providing for the provision and/or dissemination of Exchange and/or Training Information.
(c) The User shall not, without the written consent of the Exchange, use the Exchange Information to create modified information intended for further provision to third parties or public distribution.
(d) The User shall not have the right, without the written consent of the Exchange of the Center, to make Non-display use of the Exchange Information.,
5.1. The developer declares himself the sole holder of all rights (including, but not limited to,
copyright and patent rights, know-how and/or design) with respect to the Software.,
5.2. Developer reserves all rights it has with respect to the Software in accordance with the applicable provisions,
the legislation of the Russian Federation, international law and/or this Agreement, including (but not limited to):
(a) the right to copy, distribute and/or sell the Software;,
(b) the right to decompile and/or recompile the Software or any part thereof;,
(c) the right to modify, supplement, adapt or otherwise modify the Software in any way and for any purpose;,
(d) the right to assign, sell or otherwise dispose of all or part of its rights relating to the Software (including, but not limited to, the assignment of rights arising out of this Agreement),
6.1. The term of this Agreement shall be 1 year. If 30 calendar days before the end of the contract, neither party declares its desire to terminate it, then this Contract is considered to be prolonged for the next period on the same terms.
6.2. This Agreement shall terminate in the event of:
(a) impossibility of performance (force majeure and other circumstances beyond the control of the parties).
(b) the publication by the state or municipal authority of an act by virtue of which the obligation ceases.
6.3. This Agreement may be terminated at the initiative of either Party with mandatory notice to the opposite Party at least 30 calendar days in advance.
In case of termination of the contract, the refund of the subscription fee for the remaining period of the paid tariff plan is not provided. However, the User will be able to use the Software until the end of the period paid by the User, except as provided in Article 6.3.1. Agreements. The Developer shall notify the User to any of the addresses it has provided for the purpose of its registration. The User notifies the Developer by e-mail email@example.com or independently disables the subscription from the Personal Account on the Profile page and (or) terminates the payment of the remuneration to be transferred for granting the User the relevant rights arising out of this Agreement.
6.3.1. The Developer has the right at any time and unilaterally to terminate this Agreement without going to court and without notifying the User, having denied access to the executable software code in case of violation of the provisions of clauses 5.2 of this Agreement and in the event of any of the events listed above in this clause, with the occurrence of the consequences established by clause 4.4 of this Agreement. In this case, the User shall not be entitled to refund the subscription fee for the remaining period of the paid tariff plan, without the possibility of further using the Software.
6.4. Upon termination (termination) of this Agreement: <br> <b> 6.4.1. </b > The User shall:
(a) stop using the Software;
(b) delete all Content, data, programs, program code or part thereof that have been downloaded, stored or recorded on any device (or parts thereof) used by the User to exercise rights in respect of the Software provided under this Agreement and as a result of the use of the Software. </li > </ol > <b> 6.4.2. </b > The Developer shall ensure that all personal data provided to the Developer by the User during registration as such is deleted. (or subsequently) in all databases maintained by Developer after the expiry of five (5) years from the date of termination of this Agreement.
7.1. The fee shall be paid by the User for the use of the rights in respect of the Software granted under this Agreement.
7.2. The fee is withheld immediately in the amount of the subscription fee charged to the credit card.,
7.3. After registration (authorization) on the Developer's website, the User may be provided with free test (temporary) access to a limited amount of information and functionality of the entire software. The copyright holder independently determines the period, the amount of provision of such information and the functionality of the software in test mode.,
7.4. In case of payment of the fee, the User is given full access to the information and functionality of the Software in accordance with the selected tariff plan.
7.5. The amount for the use of the software will be debited in full according to the selected tariff plan and validity period.
7.6. Periodic payments.
When the User acquires the right to use the Software on a regular basis (for example, for each month, for every three months or annually), the User acknowledges, agrees and authorizes the Copyright Holder to make regular (periodic) payments. Payments for the use of the Software may be made using the selected method at the frequency agreed with the User until the termination of the Software. By allowing regular (periodic) payments, the User authorizes the Copyright Holder to process such payments in the form of electronic debiting or transfer of funds, or in the form of electronic debiting of funds from the account assigned by the User (in the case of the Automated Clearing House or similar payments), or in the form of billing to the account assigned by the User (in the case of a credit card or similar payments). Typically, invoices are issued or charges are charged prior to the start of the relevant software usage period. If any payment is returned as deficient, or if any credit card or similar transaction is declined, or if a transaction is refused, the Owner or its service providers reserve the right to recover any relevant refund, the amount of the transaction refused, or the penalties for insufficient funds in the account and process such payment.
7.7. In case of late receipt of payment in full, the Copyright Holder may suspend or terminate the User's access to the Software, which may lead to the loss of information (content) of the User's account, including information and information entered by the User into the Database.
7.8. The developer can change the cost of tariff plans at any time. The User is notified of the change of tariff plans by posting information on the Developer's website. If the User does not agree with such changes, the User shall terminate access to the Service and its use before the changes take effect. The fee paid by the User at the time of changing the Tariff Plan shall not be offset and/or refunded.
8.1. When entering into this Agreement, the User confirms that the risk of using the Software is borne exclusively
User. The Company, its affiliates, their officers, directors, employees, agents, third parties
content providers, trading organizations, sponsors, licensors or similar persons (collectively, the "Suppliers"),
does not guarantee that:
(a) the Software is free (or will be free) from any defects or errors;
(b) the Software meets (or will meet) any criteria (or will provide any results) that have not been expressly specified in this Agreement; </li > < li > <b> (c) </b > Software access will remain uninterrupted or error-free. User agrees that the Software is provided "as is" and "as available" without warranty.
8.2. Under no circumstances shall the Developer, person or organization involved in the creation, production or distribution of the Software and/or any materials obtained through the Software be liable for direct, indirect, incidental, special or related losses (including, but not limited to, loss of profit or loss in the course of trading) arising from the use or impossibility of using the Software. The Subscriber acknowledges that the provisions of this Clause apply to all Content provided as a result of the use of the Software.
8.3. Developer shall not confirm or be responsible for the accuracy or reliability of any opinions, recommendations or statements provided as a result of the use of the Software, or for offensive, defamatory or obscene publications on forums associated in any way with the Software and made by a person who is not an authorized representative of Developer acting in that capacity at that time. Under no circumstances shall the Developer be liable for any loss or damage caused by the User's trust in the information obtained through the Content. The User shall be responsible for assessing the accuracy, completeness or usefulness of any information, opinion, recommendation or other Content available as a result of the use of the Software.
9.1. Developer shall be deemed to have fully fulfilled its obligations under this Agreement (and remuneration,
transferred to the Developer by the User, is considered fully paid) upon the occurrence of one of the listed
below events (as the case may be):
(a) completion of the rights to use the Software granted to the User under this Agreement and secured by the remuneration paid by the User (if the User has not actually used the rights granted to him under this Agreement); </li > < li > <b> (b) </b > any actual exercise of the rights granted to the User under this Agreement during the period secured by the remuneration paid by the User.
9.2. For the avoidance of doubt, it is agreed between the Parties that only logbooks and/or other sources of the Developer will be considered as proper confirmation of the use of the Software.
9.3. This User Agreement shall become effective on July 18, 2019 and shall remain in effect until the new version of the User Agreement is enacted. This User Agreement is the fourth edition of July 18, 2019. This User Agreement is posted at https://beatmarket.one/users_agreement