Terms of service

Using the software and hardware complex, which includes a mobile application and website "SMETTER" (hereinafter referred to as the Service) (hereinafter referred to as the Service), allowing to manage the estimated document flow, the user of the Service (hereinafter referred to as the User) accepts this agreement (hereinafter referred to as the Agreement), regulating the rules of the Service use, the responsibility of the parties under the Agreement, fixing other relations between the User and the Service right holder - SMETTER LLC (hereinafter referred to as the Right holder). The Service is distributed via mobile application stores "App Store" and "Google Play" (hereinafter referred to as the "Stores"), and its Internet version (website) is located at: https://smetter.ru (hereinafter referred to as the "Site").

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1.1. The following terms and definitions are used in the text of the Agreement, as well as in connection with the relations between the Rights Holder and the User.

1.1.1. Administrator - a person, representative of the Rightholder, who is authorized to make decisions on complaints of Users, as well as to provide technical support of the Service. The Administrator is guided in its activities by internal conviction and is not responsible for the actions of Users of the Service. The Administrator shall be contacted by e-mail at support@smetter.ru.

1.1.2. Service - a hardware and software complex, including the Site and mobile application "SMETTER", through which the User from his mobile device and personal computer can make Estimates, record information on the execution of the Estimates and receive summary analytical information on the Estimates.

1.1.3. Estimate - an electronic document created by the User with the help of the Service, which calculates the amount of costs for a construction project (project) broken down by cost items (wages, taxes and payroll deductions, business expenses, purchase of components, etc.).

1.1.4. User - a legally capable natural person who has downloaded the Service to his/her mobile device via the Store and registered on the Site, who has civil legal capacity and legal capacity, is able, in accordance with the laws of the Russian Federation, to acquire rights and bear obligations on his/her own behalf and act as a party to the Agreement. If the User of the Service is a minor and/or incapacitated person, the legal representatives of such person are fully responsible for his/her actions under the Agreement. The User may share the functionality of the Service among the employees specified and added by him under his account on the Service, however, the administrative access is assigned to the User.

1.1.5. Content - results of intellectual activity, filling the Service, including, but not limited to, texts, images, photos.

1.1.6. Service of automatic regular payments for payment of services - a service that provides the User authorized on the Service to make settings of automatic payment on the Personal page using the Bank card in favor of the Right holder in payment of tariffs.

1.1.7. Regular payments are multiple transactions that take place with a predetermined time interval not exceeding one year between the last two transactions.

1.2. Other terms used in the Agreement and/or in the relations arising therefrom shall be interpreted in accordance with the laws of the Russian Federation, and in the absence of their interpretation in the laws - in accordance with the customs of business turnover and scientific doctrine.

2.1. Using the Service in any way and in any form within the limits of its functionality and purpose, including downloading the Service to your mobile device via the Store, viewing materials posted on the Service, creates relations between the parties (the User and the Rightholder) on the terms of the Agreement in accordance with Article 437 of the Civil Code of the Russian Federation.

2.2. The current version of the Agreement is a publicly available document, which can always be read on the Internet on the Website at the following link: http://www.smetter.ru/terms-of-service.

2.3. The User accepts that the Service is fully functional only if the User has an Internet connection.

2.4. When using the Service, the User undertakes to comply with the Agreement, with all its integral parts, as well as the current legislation of the Russian Federation, international agreements.

2.5. The User is not entitled to transfer their rights, including sublicenses to use the Service to third parties.

2.6. The Licensor, without agreement with the User, has the right to engage third parties to fulfill its obligations under the Agreement, remaining liable for their actions to the User.

2.7. The User undertakes to familiarize himself/herself with the current version of the Agreement in a timely manner. If the User disagrees with the current version of the Agreement, the User is obliged to stop using the Service.

2.8. The User undertakes not to use possible errors in the software part of the Service in order to gain an advantage over other Users. The User undertakes to immediately notify the Administrator of all errors of the Service detected by the User.

2.9. The User is responsible for the legality of using the Service on his/her device, and is obliged to independently take measures to ensure the legality and safety of using the Service.

2.10. The Rightholder is not responsible for possible loss or damage of data, as well as other consequences of any nature that may occur due to the User's breach of the Agreement.

2.11. The User realizes and agrees that he/she must independently assess all risks associated with the use of the Service, including the assessment of reliability, completeness or usefulness of the information posted on the Service.

2.12. In order to download the mobile application as a part of the Service to his/her device, the User is required to obtain an account in the respective Google or Apple Store. The ways of registering an account are specified on the website of the respective Shop.

2.13. The User can access the Service in one of the following ways:
2.13.1. By downloading the Service to your mobile device via one of the Stores;
2.13.2. By opening the Site on your device and then authorizing on the Site under your account;
2.13.3. By downloading the "SMETTER" distribution kit (software) from the Site and installing it in the memory of your device.

2.14. By authorizing in the Service or downloading the Service to their device, the User agrees to receive electronic mailings, including notifications of the Rightholder and messages of advertising nature via the means of communication specified by the User on the Service.

2.15. Any personal information uploaded by the User to the Service is perceived by the Rightholder "as is" and is not subject to preliminary verification for reliability. The User personally bears the burden of responsibility for the accuracy of the information provided on the Service. For more details on the processing of the User's personal information, please refer to the integral part of the Agreement - "Privacy Policy", the current version of which is always available on the Website at the link – https://smetter.ru/privacy.

2.16. The Rightholder has the right to suspend the operation of the Service for the period of technical maintenance work or for the period of elimination of technical problems in the operation of the Service.

3.1. The service allows you to enter data on construction projects, Estimates, record information on the execution of Estimates and receive consolidated analytical information on Estimates and construction projects.

3.2. Registration of the User on the Service implies provision of e-mail address, indication of the User's name (or alias), selection of the area of activity from among those presented on the registration page and the User's city.

3.3. After adding an object and/or Estimate, the User may provide information to other registered Users.

3.4. To authorize on the Service, the User needs to use his/her e-mail address as a login, as well as compose and register a password on the Service to log in to his/her account.

3.5. After authorization on the Service, the User can enter information in the Estimates, which will be visible to other Users connected to this Estimate.

3.6. Depending on the type of User, he/she will be able to see certain items of the Estimate/Object, as well as to adjust the Estimate/Object and monitor the progress of the relevant work.

3.7. The Licensor does not select Users' data for purposes unrelated to the use of the Service under the Agreement. Any information communicated by the User via the Service interface is used solely for the purpose of preparing the Estimates.

3.8. The Service within the framework of its functionality sends messages to Users by means of e-mail, push notifications. The User can disable notifications in the Personal Area of the Service. The Service sends notifications to the user about critical updates, interruptions in the functioning of the Service, new functions of the Service. The user may opt-out of such messages by clicking the "unsubscribe" link in the message.

3.9. The User understands and accepts that the Licensor is not responsible for all information posted on the Service. User is fully responsible for all information that User uploads, transmits or otherwise makes available through the Service. Under no circumstances shall the Licensor be liable for the information posted on the Service. By uploading information to the Service, the User authorizes the Licensor and its partners to upload, store, transfer such information.

3.10. The Rightholder has the right to unilaterally and without prior notice to the User to change the interface of the Service in order to improve its consumer qualities and functionality (to rework the Service).

4.1. No fee is charged for the User's registration on the Service.

4.2. After registration, the User will be provided with a test, and after the test period expires - a free tariff, including the ability to create (four) Estimates, and limited to four (4) users for joint work with Estimates.

4.3. If the User needs additional features of the Service, namely an increase in the number of created objects and users connected for joint work, he/she can switch to the paid tariffs of the Service by paying the corresponding amount by bank card or other methods offered by the Administrator and the Shop. The cost of tariffs is specified on the pages of the Service and in the User's Personal Cabinet. The Rights Holder has the right to change the cost of tariffs at any time at its discretion and without prior notice to the User. Payment of the new tariff cost means that the User has familiarized with their cost and fully agrees with it.

4.4. Obligations to pay for the tariff on the Service are considered to be fulfilled by the User from the moment the corresponding amount of money is credited to the settlement account of the Rightholder, and the method of payment (direct bank transfer, payment by bank card, electronic money and other methods provided on the Service) is determined independently by the User. Commission costs of payment services, depending on the payment method chosen by the User, are borne personally by the User, who undertakes to familiarize himself with the amount of such costs and the procedure for their retention. The service of providing functions of paid tariffs is considered to be rendered by the Licensor at the moment of tariff activation.

4.5. Due to the fact that the Licensor renders services on providing remote access to the Service as a computer program (non-exclusive license), these services are not subject to VAT in accordance with pts. 26. п. 2 of Art. 149 of the Tax Code of the Russian Federation.

4.6. In case the User is a representative of a legal entity, he/she is obliged to send to the Right holder the relevant details for the formation of an invoice for payment of the tariff to "legal entities". The requisites must be sent from the e-mail address corresponding to the one provided as login. Payment for such tariff shall be made by non-cash transfer of funds to the settlement account of the Rights Holder. Within 3 (three) business days from the moment of payment of the invoice by the legal entity, its tariff will be activated on the Service, and an act of service provision by the Rightholder in electronic form will be generated in the personal cabinet or in the e-mail. The service is considered to be rendered at the moment of tariff activation. Payment of the tariff by a legal entity means that this legal entity agrees to exchange only electronic copies of documents (including acts on rendering services). After formation of the act on rendering services in the personal cabinet, the legal entity undertakes to send a scanned electronic copy of the act signed by it to the Rightholder by e-mail support@smetter.ru. If within 5 (five) days the User does not send a copy of the act signed by an authorized person to the Rights Holder, the act is considered signed and the service is considered accepted.

4.7. Cases of refusal to make a payment by bank card:
- the bank card is not intended for making payments via the Internet, which can be found out by contacting the User's Bank;
- insufficient funds for payment on the bank card. The User can learn more about the availability of funds on the bank card by contacting the bank that issued the bank card;
- the bank card data is entered incorrectly;
- the bank card expired. The expiration date of the card is usually indicated on the front of the card (it is the month and year until which the card is valid). The User can learn more about the validity period of the card by contacting the bank that issued the bank card.

4.8. The personal information provided by the User (name, address, phone number, e-mail, bank card number) is confidential and shall not be disclosed. The User's bank card data are transmitted only in encrypted form and are not saved on the Rightholder's Web server.

4.9. The Service tariffs are subject to 100% (One hundred percent) prepayment for calendar month(s) or one calendar year. The Rightholder has the right to unilaterally change the tariffs at any time, in this case the amount already paid by the User for a certain period of subscription to the Service according to the tariff is not subject to revision. In order for the new tariffs to come into effect, the Rights Holder only needs to publish them on the pages of the Service. The User undertakes to familiarize himself/herself with the tariffs, payment of the respective tariff means full and unconditional acceptance by the User of its terms and conditions. Due to the fact that the User who has paid the corresponding tariff received access to the Service for a certain period of time, the amount paid by the User under the tariff is not refundable.

4.10. Payment for the Service is made through the Assist payment system (www.assist.ru). In the Assist system, payment security is ensured by using TLS-protocol to transfer confidential information from the client to the Assist system server for further processing. The server certificate is issued by Thawte, a recognized digital certificate authority. Further transfer of information is carried out via closed banking networks of the highest degree of protection. Processing of confidential client data (card details, registration data, etc.) received in encrypted form is performed on a secure high-tech server of the processing company. This way, no one, not even the merchant, can obtain the customer's personal and banking information, including information about their purchases made at other stores. When performing a transaction, you will be additionally redirected to the Issuing Bank's page to enter the confirming security code (if the bank that issued your card supports 3DSecure technology and your card also supports this program). 3D Secure is a procedure of additional authentication of the cardholder designed to ensure guaranteed security of bank card payments on the Internet. 3D Secure technology solution has its own brand in each of the payment systems: (1) Verified by Visa - for cards issued under Visa Int. (2) MasterCard Secure Code - for cards issued under MasterCard Int. Regardless of its name, 3D Secure technology assumes a secure session during an Internet transaction and allows cardholder users to confirm the legitimacy of the transaction for the Bank that issued the card.

4.11. The Authorized User may use the Automatic Regular Payment System to pay tariffs by bank card, provided that there are sufficient funds on the current account. Automatic Regular Payments are multiple transactions that occur with a predetermined time interval of no more than one year between the last two transactions. The Administrator has the right to set limits on the minimum time period between consecutive payments. This operation is not allowed for MasterCard Electronic and Maestro cards.

4.12. The user can activate/deactivate payment for services by Regular Payments at the time of payment of service tariffs. The user can disable this feature when selecting a payment method for the tariff. The payment amount will be automatically generated and includes VAT, if the selected service is subject to VAT. Having selected the "Pay" function, the user automatically gets to the payment page of the Assist electronic payment system website, where he/she needs to specify:
4.12.1. the cardholder's name (obligatory for filling in);
4.12.2. surname of the cardholder (obligatory to fill in);
4.12.3. patronymic of the cardholder;
4.12.4. country of residence of the cardholder;
4.12.5. region of residence of the cardholder;
4.12.6. city of residence of the cardholder;
4.12.7. postal address of the cardholder;
4.12.8. postal code;
4.12.9. working phone number of the cardholder;
4.12.10. contact phone number of the cardholder;
4.12.11. cell phone number of the cardholder;
4.12.12. e-mail address (obligatory for filling in);
4.12.13. type of bank card (obligatory for filling in);
4.12.14. bank card number (obligatory for filling in);
4.12.15. bank card expiration date;
4.12.16. cardholder (obligatory for filling in);
4.12.17. CVC2/CVV2 /4DBC code;
4.12.18. name of the issuing bank that issued the Bank Card.

4.13. According to the results of activation or extension of the service, the cardholder will receive a letter with information about the payment to the electronic address (e-mail) specified during payment.

4.14. When making payments using the Regular Payments system, no commission is charged from the user.

4.15. If the User agrees, payments are debited from the cardholder's card automatically. In this case, to opt out of transactions, you must disable automatic Regular Payment by contacting the Service Administrator at support@smetter.ru. Refusals must be made 24 hours before the due date of the automatic Regular Payment.

4.16. The first payment on the Bank Card is the consent to the terms and conditions of debiting the User's current account using the system of automatic Regular Payments for payment of tariffs. The User acknowledges the Administrator's actions on debiting funds in favor of payment for services as performed with his consent. The amount of the performed transaction in this case is taken into account in accrual of the first nearest Regular payment.

4.17. The Bank and the Bank Cardholder are solely responsible for the correctness of the transfer and all claims for the return of transferred funds are settled directly between the Bank and the Bank Cardholder. The Administrator is not liable in case of inability to pay for services due to reasons beyond the User's and/or Administrator's control.

4.18. In case of loss/replacement of the payment Bankcard by the User, he/she shall immediately verbally and within 3 (three) calendar days from the date of loss notify the Administrator in writing in order to exclude the details of the lost payment Bankcard and/or specify the details of the new card. The User's statement received by the Administrator about the loss of the payment Bank Card is the basis for the Administrator to suspend operations on the lost Bank Card for payment for services connected at the User on the Service.

4.19. In case the use of the Service involves the processing of Personal Data, the User, accepting the terms and conditions of this User Agreement, shall be deemed notified of the processing of the User's Personal Data by the Rights Holder and the Administrator, the Assist system and the acquiring bank, including by performing the following actions: collection, recording, systematization, accumulation, storage, clarification (update, change), extraction, use, depersonalization.

4.20. By expressing their consent to this User Agreement, the User agrees to the use of information about the Bank Card specified by them when paying for the Services with the Bank Card, including when using the Automatic Regular Payments Service.

4.21. If the User changes the tariff, the funds for the unused paid period of the old tariff will not be returned to the User. Unused paid period is counted as prolongation of the validity of the paid period of the new tariff, with an appropriate coefficient depending on the ratio of the cost of the old and new tariffs.

4.22. The User's tariff can be changed to a tariff that has functional and quantitative limitations compared to the current one upon request to the Administrator by e-mail to support@smetter.ru. Such change of tariff is possible not more than once a month.

6.1. The User understands and agrees that all services of the Service are provided "as is" and that the Licensor is not responsible for any delays, failures, incorrect or untimely delivery, deletion or non-preservation of any user's personal and other information.

6.2. The liability of the Licensor for the operability of the Service comes only in the presence of fault in its actions and only after the User has paid the tariff.

6.3. The User agrees that the Service meets the User's requirements at the time of acceptance of the Agreement and will meet them thereafter, the results that may be obtained using the Service will be accurate and reliable and may be used for any purpose or in any capacity (for example, to establish and/or confirm any facts).

6.4. Under no circumstances shall the Licensor or its representatives be liable to the User or to any third parties for any indirect, accidental, unintentional damage, including lost profits or lost data, harm to honor, dignity or business reputation, caused in connection with the use of the Service, its content or other materials to which the User or other persons have gained access, even if the Licensor has warned or indicated the possibility of such harm.

6.5. The Licensor is not liable for non-performance or improper performance of its obligations under the Agreement due to failures in telecommunication and energy networks, actions of malicious programs, as well as unfair actions of third parties aimed at unauthorized access and/or disabling the software and/or hardware complex of the Service.

6.6. Under no circumstances shall the Rightholder be liable for unlawful actions of the User aimed at violating the laws of the Russian Federation. The Rights Holder only provides an opportunity to create objects/estimates through the Service, it does not control the actions of Users, and in case of violation of the Agreement and/or the legislation of the Russian Federation by the User, the Rights Holder at the request of the aggrieved party can only assist in bringing to responsibility the guilty person.

8.1. All Content on the Service, as well as design elements, text, graphic images, illustrations, videos, computer programs, databases, and other results of intellectual activity originally published on the Service are the results of intellectual activity for which the Licensor has appropriate permissions for their use.

8.2. The User is granted a personal, non-exclusive and non-transferable right to use the software of the Service, on his/her device, provided that neither the User nor any other person, with the assistance of the User, will:
-copy or modify the software;
-create programs derived from the software;
-penetrate the software in order to obtain program codes;
-infringe the rights of third parties;
-sell, assign, rent, lease, transfer to third parties in any other form the rights in relation to the software granted to the User under the Agreement;
-modify the services, including for the purpose of obtaining unauthorized access to them.

8.3. Claims from third parties against the Rights Holder for violation of any property and personal non-property rights of authors and rights holders in connection with the Content placement on the Service shall be sent to the Administrator by e-mail.

8.4. In case of detection of infringement of intellectual property rights, the respective right holder undertakes to send an application by e-mail to the following address: support@smetter.ru in a pre-trial procedure. The application is submitted by an authorized person, a copy of the document (in written or electronic form) confirming his/her powers is attached to the application.

8.5. In case of finding incomplete information, inaccuracies or errors in the application, the Rightholder shall send a notice to the applicant within 24 (twenty-four) hours from the date of receipt of the application to clarify the submitted information. Said notice may be sent to the applicant one time. Within 24 (twenty-four) hours from the moment of receipt of the notice, the applicant shall take measures aimed at filling in the missing information, eliminating inaccuracies and errors, and send the Rightholder the updated information.

8.6. Within 24 (twenty-four) hours from the moment of receipt of the application or the information specified by the applicant (in case the notice is sent to the applicant), the Rightholder removes from the pages of the Service the intellectual property objects, the rights to which have been infringed.

8.7. If the Rights Holder has evidence confirming the legality of placing information containing the object of copyright and (or) related rights on the Service, the Rights Holder has the right not to take measures to remove such information at the request, and to send the applicant a corresponding notice with the attachment of the said evidence.

9.1. If a violation of the Agreement and/or the current legislation of the Russian Federation, and/or the norms of international law, and/or the norms of the country of residence of the User is detected, the person who detected the violation is obliged to immediately notify the Rightholder of the violation by e-mail. The Rights Holder shall consider reports of infringements (except for reports of copyright infringements) within 15 (Fifteen) days from the moment of their receipt. In the course of consideration of a violation report, the Rights Holder has the right to request information, copies of documents confirming or refuting the User's guilt in the violation from the User who filed a complaint.

9.2. If there is a dispute regarding the rights to the account, the person claiming the right to use the account should send to the Administrator by e-mail a corresponding statement, with the attachment of evidence of the rights to the account.

9.3. The application for the right to the account is considered by the Administrator within 5 (five) working days from the moment of its receipt, and the term of consideration is prolonged in case the Administrator requests additional information/documents/evidence from the person (hereinafter - the Applicant) who applied with the application for the right to the User's account, for the period of provision of such information/documents/evidence by the Applicant.

9.4. The Administrator shall notify the User by e-mail, in case of receipt of an application for the User's account within 10 (ten) business days from the date of receipt of the application.

9.5. The Administrator takes into account the User's position regarding the Applicant's arguments, however, the final decision is made on the basis of its internal conviction, guided by the submitted evidence.

9.6. The following factors shall be considered in resolving disputes regarding a User account:
9.6.1. Presence of labor relations between the User-individual and the Applicant during the period of using the Service under the disputed account.
9.6.2. The fact of payment by the Applicant of the tariff for the use of the Service.
9.6.3. Existence of any agreement between the User and the Applicant regarding the use of the Service.
9.6.4. Presence of objects on the pages of the Service under the User's account, realized in the real world by the Applicant.
9.6.5. Absence of the User's response to the Administrator's message about the receipt of the application for the User's account.
9.6.6. Use of the Applicant's trademark (service mark), trade name, commercial designation on the pages of the Service under the User's account.
9.6.7. Existence of an effective court decision in favor of the Applicant regarding the rights to the account on the Service.
9.6.8. Presence of other data evidencing directly or indirectly that the User's account was used in the interests of the Applicant and (or) at his/her expense.

9.7. If there are sufficient grounds to believe that the Applicant is the legal right holder of the account, the Administrator shall transfer the necessary rights of access to the account to him/her after consideration of his/her application, and otherwise notify him/her by e-mail about the refusal to transfer the rights to the User's account.

9.8. The only ground that does not allow the Administrator to make a decision to refuse to transfer the rights to the User account to the Applicant is the ground specified in clause 9.6.7. Agreements. In other cases, the Administrator shall be guided by the materials submitted to it for review by the Applicant and/or User and may decide to transfer the account to the Applicant or to retain the rights to administer the account for the User, guided by the following priorities:
9.8.1. The account shall be transferred in priority order to the person who has paid or compensated the other party for all payments for the use of the Service for the entire period of use under the disputed account.
9.8.2. The account shall be transferred in priority order to the person who proved his/her involvement in the projects/objects created on the Service under the disputed account.

9.9. The User should take into account that by virtue of Article 313 of the Civil Code of the Russian Federation the Rights Holder is obliged to accept the performance offered for the debtor by a third party, which means that if the User makes a payment for his employer or for an organization with which he has an employment contract or a contract of civil law nature, and he, in fact, maintains the projects of the employer or organization on the Service, then the User acts in the interests of the employer or organization, and therefore all mutual settlements and compensations should be made with them, but not with the Rights Holder. When resolving disputes between the User and his employer or legal counterparty, the Rights Holder does not refund or compensate the payment for the use of the Service made for a third party by the User.

9.10. Neither the Administrator nor the Rights Holder is responsible for an incorrect decision on the transfer of rights to the User's account made on the basis of false documents and evidence submitted by the Applicant.

9.11. In any case, the User has the right to challenge the decision of the Administrator in court, however, agrees that when appealing to the court, it is not entitled to recover any damages from the Rights Holder, unless it is proved that the Administrator knew and (or) should have known about the illegal behavior of the Applicant, which led to the transfer of rights to the User's account.

9.12. The law of the Russian Federation shall apply to the relations between Users arising in connection with the use of the Service. Acceptance of the Agreement by a foreign User means that the text of the Agreement is clear to him and does not need translation. In case of need for translation, foreign Users undertake to make such translation into the required language by their own efforts and at their own expense. In case of discrepancies between the Russian and foreign versions of the Agreement, the Russian version shall prevail.

9.13. Disputes arising in connection with the use of the Service shall be considered in court only after compliance with the pre-trial claim procedure, the deadline for responding to the claim is 20 (twenty) calendar days. Disputes that are not resolved in the pre-trial order are submitted for consideration to the court at the location of the Rights Holder.