This License Agreement (hereinafter referred to as the "Agreement") sets forth the terms and conditions for Users to use the additional functionality of the Service ("Subscription and Additional Options").
This License Agreement is entered into between the Company and the User of the Service.
Prior to using the Service and purchasing access to the Subscription and Additional Options, the User must read this Agreement. Obtaining access to the Subscription and Additional Options in any form constitutes the User's full and unconditional acceptance of all terms of this Agreement, without any limitation.
The Agreement is concluded prior to or immediately upon access/use of the Subscription or Additional Options and is valid for the entire duration of access to the Subscription and Additional Options, subject to the User's proper compliance with the terms of the Agreement.
If the User does not agree with the terms of the Agreement or is not entitled to enter into it for any reason, the User must immediately cease any use of the additional functionality of the Service.
Terms and Definitions Used in the Agreement
VIP Status Subscription (Subscription) – an option that allows the Service User, within the Territory specified in the Agreement, to access additional Service functionality via a Device, for a fixed fee (the "Subscription Fee"), depending on the selected pricing plan, during the Subscription Period specified herein.
Additional Options (Additional Option) – Service options purchased by the User outside of the Subscription.
Company – the licensor, VK Limited Liability Company (39 Leningradskiy Prospekt, Bldg. 79, Moscow, 125167, OGRN 1027739850962, INN 7743001840), which grants the User the right to use the additional functionality of the Service, namely: Subscription and Additional Options, and is responsible for public disclosure, distribution, operation, maintenance, and administration of the Service. The Licensor is a Party to the Agreement.
The User – the licensee, an individual who has reached the age of 18 and has the legal capacity to enter into the Agreement within the Territory, who, in accordance with the Agreement, is granted the right to use the additional functionality of the Service, namely: Subscription and Additional Options, under the terms of the Agreement. The Licensee is a Party to the Agreement.
Territory – the territory of the Russian Federation, as well as other countries, where the Licensor grants the Licensee the right to use the additional functionality of the Service, namely: Subscription and Additional Options.
User Device – smartphones, mobile phones, and similar portable devices with Internet communication (excluding flash memory drives).
Subscription Period – the limited period of time during which the User has access to the Subscription, as specified in the relevant section of the Subscription purchase interface.
Terms used in this Agreement that are not defined in this section shall be interpreted in accordance with the definitions set forth in the Terms and Conditions of the Service Use, located at: /en/legal/terms/.
Subject of the Agreement
In accordance with the terms of the Agreement, the Company grants the User, under a simple, non-exclusive license, the right to use the Subscription or Additional Options of the Service within the existing architecture and technical functionality, and within the limits strictly defined by the Agreement.
General Terms of Access to the Subscription and Additional Options
The User is provided with the option to purchase a Subscription according to the pricing plan selected by the User at the time of ordering paid access to the Subscription, as well as Additional Options (in the range and scope indicated in the purchase interface for Additional Options) on a prepaid basis using any available payment method (payment methods available in the VK Pay service and in the App Store, Google Play Store, and Rustore app stores). If the VK Pay Service is used to pay for access to the Subscription and Additional Options, the relationship between VK and the User is also governed by the VK Pay Service Terms of Use: https://money.mail.ru/img/vkpay_rules.pdf; the Privacy Policy of the Non-Bank Settlement Credit Institution "VK Payment Solutions" (LLC): https://money.mail.ru/img/dmr_privacy_policy.pdf; and the Terms for Providing Payment Services to Individuals, available at: https://money.mail.ru/img/cards_conditions.pdf.
If the User decides to cancel the Subscription, they must cancel the Subscription no later than 24 hours before the end of the paid Subscription Period in accordance with the selected pricing plan. The Subscription Fee, in accordance with the pricing plan selected by the User (if multiple pricing plans are available when purchasing a Subscription), will be charged to the User no earlier than 24 hours before the expiration of the paid Subscription Period, unless the User cancels the Subscription within the time period specified in this paragraph.
For the purpose of calculating and paying Subscription fees, the Company defines each "month" in the Service interface as a period of thirty (30) days. By initiating the purchase of a Subscription, the User agrees that subsequent charges for the Subscription will be automatically made using the payment method selected by the User at the end of each Subscription Period paid by the User, unless the User cancels the Subscription before the payment due date.
The User acknowledges and agrees that VK may charge the Subscription Fee from any of the linked bank cards and/or the SBP (Faster Payments System) account in the VK Pay service, provided the Subscription was paid for via the VK Pay service, in the event that the Subscription Fee cannot be charged from the bank card and/or SBP account initially linked for payment. This is done in accordance with the procedure and under the terms set forth in para. 7.7 of the "Terms for Providing Payment Services to Individuals," available at: https://money.mail.ru/img/cards_conditions.pdf.
The User is granted access to the Subscription and Additional Options upon the Company's receipt of the applicable fee. The Company shall be deemed to have fulfilled its obligations to provide access to the Subscription for the purchased Period and Additional Options upon provision of access to the Subscription and Additional Options.
Upon cancellation of the Subscription by the User, the fee for the paid Subscription Period, as well as the fees for any paid Additional Options, shall not be refunded, except as otherwise provided by applicable law.
The Company's fee for granting the right to use a Subscription or Additional Options is subject to VAT in accordance with the current legislation of the Russian Federation.
Conditions for Obtaining Access to the Subscription and Additional Options via the Mini-App
The User may purchase access to the Subscription and Additional Options of the Service using "OKs", subject to the terms and conditions set forth in the OK License Agreement, which is located at: https://ok.ru/regulations.
The Company determines the correspondence between the volume of non-activated data and commands included in the Subscription or Additional Options and the number of virtual assets in the form of "OKs" in the Mini-App interface.
Conditions for Obtaining Access to the Subscription and Additional Options via the Mobile App
Payment for the Subscription in the Mobile App shall be made by the User through the App Store, Google Play Market, and other app stores that offer the Mobile App.
The available Subscription pricing plans and the fees for Additional Options are indicated in the relevant section of the Mobile App interface.
The purchase and payment of Subscriptions and Additional Options are governed by the terms and conditions of the app store where the User purchases the Subscription. In case of purchasing the Subscription or Additional Options in the App Store, the User must read the terms and conditions at: https://www.apple.com/legal/internet-services/itunes/ww, or if purchasing the Subscription or Additional Options in Google Play, the User must read https://play.google.com/intl/ru_ru/about/play-terms.html, as well as with other applicable agreements.
The technical feasibility of purchasing the Subscription or Additional Options through a particular app store may be restricted in accordance with the terms and conditions of that app store.
Warranties and Liability
The Subscription and Additional Options are provided on an "as is" basis. The Company does not provide any warranties regarding the error-free and uninterrupted operation of the Subscription and Additional Options or any of their individual components and/or functions, compliance of the Subscription with the User's specific goals and expectations, as well as does not provide any other warranties not expressly stated in this Agreement.
The Company assumes no obligations and bears no liability for any direct or indirect consequences of any use or inability to use the Subscription and Additional Options, including as a result of the User losing access to the profile, and/or damage caused to the User and/or third parties as a result of any use, non-use or inability to use the Subscription and Additional Options or its individual components and/or functionality, including due to possible errors or malfunctions in the Subscription Additional Options, except in cases expressly provided for by the legislation of the Russian Federation.
The Company reserves the right, at its sole discretion, to restrict the User's access to the Subscription and Additional Options, if technologically feasible, including by temporarily or permanently restricting access and/or use of their account, or by completely blocking the User's profile in the event of repeated violations of the Agreement. It also reserves the right to take other measures against the User to comply with legal requirements or the rights and legitimate interests of third parties.
Updates and Additions
The terms of the Agreement shall apply to any updates/new versions, or additions to additional functionality of the Service, unless a separate license agreement accompanies such update.
Amendments to the Agreement
The Company reserves the right, at its sole discretion, to unilaterally amend the Agreement, including the Subscription Period, the Subscription Fee, and the fee for Additional Options. The new terms do not apply to Subscriptions and Additional Options purchased prior to the effective date of such terms.
If the User uses auto payment, the Company undertakes to notify the User of any amendments to this Agreement concerning the Subscription Period, the Subscription Fee, or the set of additional Service options, at least seven (7) calendar days before the new terms and conditions of the Agreement come into effect, via the Service. Continued use of the Service for a new Period by the User after amendments to this Agreement have been made shall constitute the User's acceptance of and consent to such amendments.
Final Provisions
This Agreement is an integral part of the Terms of Use of the Service, located at: /en/legal/terms/.
If this Agreement does not contain provisions that fully define (or disclose) the rights and obligations of the Parties regarding the use of the Service, the Parties shall be guided by the Terms of Use of the Service.
This Agreement is governed and construed in accordance with the laws of the Russian Federation. Issues not regulated hereby shall be resolved in accordance with the legislation of the Russian Federation.
If, for one reason or another, one or more provisions hereof are invalid or unenforceable, the remainder of the provisions shall not be affected and shall remain valid and enforceable.