RealTrac usage agreement

Date of change: 11.07.2019

1. Subject of the Agreement

1.1. The use of RealTrac software and real-trac.com website (hereinafter - the Service, except services provided by RealTrac Technologies LLC under a separate written agreement) shall be governed by the legally binding agreement between the user and RealTrac (hereinafter - the Terms and Conditions). This document contains general Terms and Conditions of such agreement.

RealTrac shall mean RealTrac Technologies LLC with its principle place of business located at the address: 223-225, nab. The Obvodny Canal, Saint-Petersburg, 190020, Russia

1.2. The use of the Service (except as otherwise agreed with RealTrac Technologies (RealTrac Technologies LLC in writing) shall mean the user’s consent to all provisions of these Terms and Conditions.

1.3. These Terms and Conditions shall form the complete legal agreement between the user and RealTrac Technologies (RealTrac Technologies LLC), they shall regulate the use of the Service by the user (except any services provided to the user by RealTrac Technologies (RealTrac Technologies LLC) under a separate agreement), and they shall substitute all previous agreements between you and RealTrac Technologies (RealTrac Technologies LLC) in respect of the Service.

2. Consent to the Terms and Conditions

2.1. The user shall give their consent to the Terms and Conditions in order to use the Service. The user may not use the Service, unless the user accepts the Terms and Conditions.

2.2. The user accepts the Terms and Conditions:

2.2.1 if the user chooses the option “You accept our service Terms and Conditions”, if such an option is provided by RealTrac Technologies (RealTrac Technologies LLC) in the user’s interface of the Service;

2.2.2 if the user actually uses the Service; In this case the user understands and agrees that RealTrac Technologies (RealTrac Technologies LLC) will consider the fact of use of the Service by the user as his consent to the Terms and Conditions from the respective moment.

2.3. The user may not use the Service and accept the Terms and Conditions, if the user is not of age determined by law as suitable for conclusion of a legally binding agreement with a company, or if the user is a person who under laws of Russia or any other state (including state of residency or on the territory of which uses the Service) may not use/accept such Service.

2.4. It is recommended to print out a copy of such Terms and Conditions and keep it.

3. Change of the Terms and Conditions

3.1 RealTrac Technologies (RealTrac Technologies LLC) reserves the right to amend these Terms and Conditions at any time, and such amendments shall be effective from the moment of their publication. In case of such amendments RealTrac Technologies (RealTrac Technologies LLC) shall provide the new version of these Terms and Conditions.

3.2. If the user disagrees with amendments introduced to these Terms and Conditions, they shall stop using the Service. If the user continues to use the Service, it shall be deemed as their consent to amended Terms and Conditions.

3.3. The user agrees that RealTrac Technologies (RealTrac Technologies LLC) is entitled to send notifications (including notifications of amending the Service) via email, mail or publication of information in the Service.

4. Provision of the Service

4.1. RealTrac Technologies (RealTrac Technologies LLC) shall be entitled to implement new solutions for provision of the best service to users. The user agrees that the form and character of the Service provided by RealTrac Technologies (RealTrac Technologies LLC) may be changed without prior notification.

4.2. The user acknowledges and agrees that RealTrac Technologies (RealTrac Technologies LLC) may at its own discretion stop (on a temporary or permanent basis) providing the Service or any separate functions of the Service to all users or one user, including without a prior notification.

4.3. The user may stop using the Service without a prior notification to RealTrac Technologies (RealTrac Technologies LLC) thereof.

4.4. The user acknowledges and agrees that if RealTrac Technologies (RealTrac Technologies LLC) denies access to the account, the user may lose his access to the Service, user account data, any files or other information contained in the user account.

5. Use of the Service

5.1. To access the Service the user may need to give his email address during registration for commencement of using the Service or during authorization necessary to continue using the Service. The user agrees that any information provided to RealTrac Technologies (RealTrac Technologies LLC) during registration shall be true, correct and up-to-date.

5.2. The user agrees to use the Service only for the purposes allowed by the Service and applicable laws, regulations, general practice and instructions of the respective jurisdiction (including any laws concerning export of data and software to/from Russia and other states).

5.3. The user agrees not to access (or try to access) the Service otherwise than through the interface provided by RealTrac Technologies (RealTrac Technologies LLC), except cases when it was directly sanctioned by separate agreements with RealTrac Technologies (RealTrac Technologies LLC).

5.4. The user agrees not to exercise any activities impeding provision of the Service (or operation of respective servers or networks connected with the Service) or disturbs its provision.

5.5. The user agrees not to reproduce, duplicate, copy, sell, carry out commercial operations or resell the Service for any purposes, except as directly sanctioned under conditions of a separate agreement with RealTrac Technologies (RealTrac Technologies LLC).

5.6. The user agrees that they shall be exclusively liable (and RealTrac Technologies (RealTrac Technologies LLC) shall not be liable towards users or any third parties) for any breach of the user’s obligations under these Terms and Conditions and for all consequences of such breach (including any loss or damage incurred by RealTrac Technologies (RealTrac Technologies LLC)).

6. No warranties and liability limitations

6.1. The Service is provided on an “as is”, and RealTrac Technologies (RealTrac Technologies LLC) gives no warranties in respect of the Service. RealTrac Technologies (RealTrac Technologies LLC) makes no representations and gives no warranties that:

6.1.1 use of the Service will correspond to the user’s requirements, use of the Service will not be interrupted, will be available at any time convenient for the user, will be safe and will not be subject to errors or failures;

6.1.2 any information obtained as a result of the Service use will be accurate and true;

6.1.3 defects of software provided to the user as a part of the Service will be eliminated.

6.2. No conditions, warranties or other provisions (including any implied conditions in respect of satisfactory quality, fitness for a particular purpose of use or correspondence to description); other than expressly stated in the Terms and Conditions, shall apply to the Service.

6.3. These Terms and Conditions shall not influence use of lawful rights by the user, which they may use as a consumer, and which they may not change or terminate.

6.4. These Terms and Conditions shall not exclude or limit RealTrac Technologies (RealTrac Technologies LLC)’s liability in respect of infliction of damage to the extent to which such liability may not be excluded or limited under applicable laws.

6.5. Subject to compliance with these Terms and Conditions, RealTrac Technologies (RealTrac Technologies LLC) shall not be liable towards the user for any consequential or indirect loss which may be incurred by the user. This shall include any loss (direct or indirect), damage to business reputation or intangible assets, any loss of data incurred by the use, any loss or damage which may be incurred by the user as a result of:

6.5.1 reliance on complete and accurate character and availability of any advertisement, or a a result of any relations between the user and any advertiser or sponsor whose advertisement is published in the Service;

6.5.2 any changes which may be introduced to the Service by RealTrac Technologies (RealTrac Technologies LLC), or as a result of stop (on a temporary or permanent basis) of provision of the Service (or any separate function thereof);

6.5.3 deleting, failure or impossibility to save any information or other communication data contained in the Service or transferred through the use of the Service;

6.5.4 the user’s failure to provide accurate information on the account;

6.5.5 the user’s failure to secure safety and confidentiality of his password or data in his account.

6.6. Limitation of RealTrac Technologies (RealTrac Technologies LLC)’s liability towards the user as specified in cl.

6.5 shall apply regardless of RealTrac Technologies (RealTrac Technologies LLC)’s knowledge of possible infliction of such damages.

7. Protection of account and user information

7.1. RealTrac Technologies (RealTrac Technologies LLC) considers the information on use of the Service by the user, and information available in the web-interface of the Service as confidential information. The Service shall not monitor the user’s activities and shall not transfer user information to third parties.

7.2. The user agrees that they shall be liable for confidentiality of passwords related to any account used by the user for access to the Service. Consequently, the user agrees that they shall bear exclusive liability towards RealTrac Technologies (RealTrac Technologies LLC) for all actions performed using his account.

7.3. The user agrees to send prompt notification to RealTrac Technologies (RealTrac Technologies LLC) of any information on any unauthorized use of his password and account.

8. Information provided during the Service use

8.1. The user acknowledges that liability in respect of information (such as audio and video files, images), which may be accessed as a part of the Service or through the use of the Service, shall be borne  by the person, who provided such information.

8.2. The user understands that such information provided as a part of the Service, including without limitation advertisement within the Service, and information published by sponsors within the Service, may be an object of protected intellectual property rights belonging to sponsors and advertisers, which publish such information in RealTrac Technologies (RealTrac Technologies LLC) (or to other persons or companies on their behalf). The user may not introduce changes, lease, give as a loan, sell, distribute or create derivative works on the basis of such information (in full or in part), except cases when such actions are directly authorized by RealTrac Technologies (RealTrac Technologies LLC) or owners of such information under a separate agreement.

8.3. RealTrac Technologies (RealTrac Technologies LLC) reserves the right (but not obliged) to conduct preliminary check or inspection, mark, choose, change, disapprove for publication or delete all information or any part thereof from the Service.

8.4. The user understands that during use of the Service they may come across information which they may consider as having offensive, unworthy or indecent character, in such case the user uses the Service at their own risk.

8.5. The user agrees that they shall be exclusively liable (and RealTrac Technologies (RealTrac Technologies LLC) shall not be liable towards users or any third parties) for any information which they create, transfer or display on the screen during the Service use and for all consequences of such actions (including any loss or damage incurred by the RealTrac).

9. Property rights

9.1. The user agrees that RealTrac Technologies (RealTrac Technologies LLC) shall have all property and non-property rights in respect of the Service, including all intellectual property rights in respect of the Service (regardless whether such are registered or not, and regardless of jurisdiction of origin of such rights).

9.2. The user acknowledges that the Service may contain information which will be considered by RealTrac Technologies (RealTrac Technologies LLC) as confidential, and the user may not disclose such information without prior written consent of RealTrac Technologies (RealTrac Technologies LLC).

9.3. Unless otherwise is agreed with RealTrac Technologies (RealTrac Technologies LLC) in writing, no provision of these Terms and Conditions shall entitle the user to use any company names, trademarks, service marks, logotypes, domain names, brands or other distinctive marks of RealTrac Technologies (RealTrac Technologies LLC).

9.4. RealTrac Technologies (RealTrac Technologies LLC) agrees that it obtains no property or non-property rights from the user in respect of information which the user transfers during the use of the Service, including any intellectual property rights, which may exist in respect of such information (regardless of whether such rights are registered or not, and regardless of jurisdiction in which such rights belong to the user). Except as otherwise is agreed with RealTrac Technologies (RealTrac Technologies LLC) in writing, the user agrees that they are liable for protection and use of such rights, and that RealTrac is not obliged to carry out such actions on behalf of the user.

9.5. The user agrees not to remove, conceal or change any marks denoting rights (including copyright signs and trademarks) which may be placed or contained in the Service.

9.6. Unless RealTrac Technologies (RealTrac Technologies LLC) gives corresponding direct written permission, the user agrees that during the use of the Service they will not use any trademarks, service marks, company names or logotypes of any organization or company in a way and for a purpose, which may perplex the identification of the owner or authorized user of these signs, marks and logotypes.

10. License for RealTrac software product

10.1. RealTrac software product shall be provided to the user on the basis on personal and non-exclusive license (without limitation of the territory of validity and not for transfer or assignment to third parties) for the use of software within the Service provided by RealTrac Technologies (RealTrac Technologies LLC).  Such license is given only for the purposes of provision to the user of a possibility to learn some new system functions and may not be used by the user to gain profit.

10.2. The user may not (including may not authorize anybody to do the same) change, create derivative works, reverse engineer the program, decompile, or otherwise try to get the source code of software or any its part, except when such actions are directly authorized or necessary under laws, or when RealTrac Technologies (RealTrac Technologies LLC) directly authorizes the user in writing to do such actions.

10.3. Except when RealTrac Technologies (RealTrac Technologies LLC) authorizes the user to do such actions in writing, the user may not assign (or provide a sublicense) rights for the software use or otherwise transfer any portion of user rights to use the software.

11. Software update

11.1. Software used by the user within the Service may automatically upload and install updates provided by RealTrac Technologies (RealTrac Technologies LLC). Such updates are developed to improve and develop the Service, and may be provided in a form of separate correction of program errors, improved functions, new software modules or fully new versions.  The user agrees to receive and allows RealTrac Technologies (RealTrac Technologies LLC) to provide such updates during the Service use.

12. Advertising and other information in the Service

12.1. Provision of certain services form the Service is financed out of revenues from advertising, and the Service may contain advertisement. Procedure, form and amount of advertisement placed by RealTrac Technologies (RealTrac Technologies LLC) in the Service may change without a separate notification of the user. The user agrees that RealTrac Technologies (RealTrac Technologies LLC) may publish advertisements in services.

12.2. The Service may include hyperlinks to other websites and resources.  RealTrac Technologies (RealTrac Technologies LLC) may have no control over any websites and resources provided by other companies or persons,

12.3. The user agrees that RealTrac Technologies (RealTrac Technologies LLC) is not liable for availability of such external websites and resources, and gives no consent to any advertisement, products or other materials available on such websites, resources or via use of such websites and resources.

12.4. The user agrees that RealTrac Technologies (RealTrac Technologies LLC) is not liable for any loss or damage which may arise out of the provided access to such external websites and resources.

13. Termination of relationship with RealTrac Technologies (RealTrac Technologies LLC)

13.1. The Terms and Conditions shall apply up to the moment of their termination upon the initiative of the user or RealTrac Technologies (RealTrac Technologies LLC) as specified below.

13.2. The user may terminate the agreement with RealTrac Technologies (RealTrac Technologies LLC), if they provide a corresponding notification to RealTrac Technologies (RealTrac Technologies LLC) at any time. Such notification shall be in writing and shall be sent to RealTrac Technologies (RealTrac Technologies LLC)’s address.

13.3. RealTrac Technologies (RealTrac Technologies LLC) may at any time terminate the agreement with the user if:

13.3.1 the user violates any provision of the Terms and Conditions (or performs any actions which expressly indicate that the user has no intention to or is not able to comply with the Terms and Conditions);

13.3.2. RealTrac Technologies (RealTrac Technologies LLC) is obliged to do it under laws (e.g. in cases when provision of the Service to the user is or becomes illegal);

13.3.3 any partner with whom RealTrac Technologies (RealTrac Technologies LLC) provides the Service, terminates its relations with RealTrac Technologies (RealTrac Technologies LLC)or does not offer the Service any longer;

13.3.4. RealTrac Technologies (RealTrac Technologies LLC) terminates the provision of the Service to users on the territory of the state, in which the user is a resident, or from which they use the Service;

13.3.5 provision of the Service by RealTrac Technologies (RealTrac Technologies LLC) to the user is no more profitable, in RealTrac Technologies (RealTrac Technologies LLC)’s view.

13.4. Termination of these Terms and Conditions shall not have effect on any rights, obligations and liabilities applicable to the user or RealTrac Technologies (RealTrac Technologies LLC) (or arisen during the term of these Terms and Conditions), or which are expressly stated as unlimited by any period of time.

14. Miscellaneous

14.1. These Terms and Conditions and relations between the user and RealTrac Technologies (RealTrac Technologies LLC) shall be regulated by applicable legislation of the Russian Federation. The user and RealTrac Technologies (RealTrac Technologies LLC) consent to abide by exclusive jurisdiction of courts of the Russian Federation in case of any disputes arising in connection with these Terms and Conditions.

14.2. In case of provision by RealTrac Technologies (RealTrac Technologies LLC) of the translated text of these terms and Conditions, the user agrees that such translation is provided only for the convenience of reading, and relations with RealTrac Technologies (RealTrac Technologies LLC) shall be governed by the Russian version of the Terms and Conditions.

14.3. In case of any controversies between the Russian version of the Terms and Conditions and its translation, the Russian text shall prevail.

14.4. The user agrees that despite the provisions of cl. 14.1, RealTrac Technologies (RealTrac Technologies LLC) shall be entitled to seek court injunction (or similar immediate remedy) in any jurisdiction.

14.5. If any court of with jurisdiction over respective issue establishes invalidity of any provision of these Terms and Conditions, such provision shall be excluded from the Terms and Conditions without affecting the validity of other provision hereof. Other provisions hereof shall retain validity and enforceability.