Agreement POPSO.ai

OFFER TO CONCLUDE A CONTRACT FOR THE PROVISION OF PAID SERVICES
POPSO.ai

Date of publication: 24.01.2024
Effective date: 24.01.2024

UAE, Dubai, DIFC

This Public Offer Agreement (hereinafter referred to as the "Offer") establishes the procedure for providing services to provide access to the platform POPSO.ai (hereinafter referred to as the Platform), the procedure for the provision of other services by the Contractor, regulates the relationship between the Contractor and the User.
In accordance with Article 437 of the Civil Code of the Russian Federation (hereinafter also referred to as the Civil Code of the Russian Federation), this document is a public offer addressed to an unlimited number of persons with a proposal to conclude a Contract for the provision of services to provide access to the Platform or other additional services (hereinafter referred to as the Contract), in accordance with the conditions set out in this Offer.
This public offer contains all the essential terms of the service agreement for the provision of access to the Platform, the provision of other additional services and the rules for using the Platform.

1. Terms and definitions

1.1. Platform — website on the Internet https://popso.ai and information system (computer program) POPSO.ai, available at https://popso.ai and used to provide Services to the User under this Agreement.
The list of Platform features is published on the Internet at
https://popso.ai
1.2. Contractor — POPSO Tech Ltd,
Contact details of the Contractor used for interaction under the Service Agreement:
E-mail: get@popso.ai
1.3. The User is any legal entity, individual entrepreneur, natural person applying the special tax regime "Professional Income Tax" or who has reached the age of 18 and is a capable individual who uses the Platform and, by performing actions provided for in this Offer and the legislation of the Russian Federation, accepts in full and without exception the provisions of this Offers (the person who accepted the offer).
1.4. Agreement — an agreement for the provision of services for the provision of access to the Platform or the provision of additional services between the Parties, which is concluded by accepting the Offer. The contract is considered to be concluded in writing on the basis of the provisions of clause 3 of Article 434, clause 3 of Article 438 of the Civil Code of the Russian Federation.
1.5. The Parties are the Contractor and the User.
1.6. Services — connection and use of the Platform's functionality for a certain period of time, and other services, in accordance with the conditions specified in the Tariffs and in this Offer.
1.7. Account — a set of authorization data and other User information used to access the Platform.
1.8. Tariff — a list of Platform functions available to the User (their volume, characteristics, cost, etc.), terms of use of the Platform, as well as other services and additional services of the Contractor (their volume, characteristics, cost, etc.) provided by the Tariff, information about which is posted on the Internet at https://popso.ai/tariffs.
1.9. Seller — a legal entity or individual entrepreneur, individuals applying a special tax regime "Professional Income Tax", having registration provided for by law and carrying out activities for the sale of goods to buyers through electronic trading platforms on the Internet, including through Marketplaces, on the basis of agreements concluded with the owner of the site and/ or the buyer, or wishing to carry out such activities, and complying with the requirements of the legislation and the relevant Marketplace.
1.10. Marketplace/MP is an Internet platform (online store) that operates through a platform (information system) developed by its owner and allows Sellers to sell their goods, and buyers to purchase such goods through interaction on the platform. The list of Marketplaces for which the Platform provides Services under the Agreement is indicated on the Internet at https://popso.ai
1.11. The Contractor's Partner is a legal entity or an individual entrepreneur who provides additional services to the User.

Other terms not defined in this section of the Offer may be used in this Offer. In this case, the interpretation of such a term is made in accordance with the text of the Offer. In the absence of an unambiguous interpretation of the term in the text of the Offer, one should be guided by the interpretation of the term defined: first of all — by the legislation of the Russian Federation, second of all — on the Platform's website, and the rest — commonly used on the Internet

2. The subject and procedure of joining the offer

2.1. Under this Agreement, the Contractor undertakes to provide the User with services to provide access to the Platform, including certain sets (sets) of Platform functions in accordance with the selected Tariff (Tariffs) or to provide other additional or related services, and the User undertakes to accept and pay for the Services provided by the Contractor.
2.2. The Agreement is concluded by providing its text (offer) to the User on the Platform and its acceptance by the User by performing actions confirming agreement with the Agreement (pressing the "+" button during registration or authorization on the Platform, or payment, or the start of using the Platform — depending on which of the specified events occurs first).
2.3. The provisions of this Offer are binding on all Users. Users can view the current version of the Offer on the Internet at https://popso.ai/agreement .
2.4. The User confirms that prior to the conclusion of the Agreement (acceptance of this Offer), he received from the Contractor all complete information about the terms, cost and procedure for the provision of Services.
2.5. The service for providing access to the Platform within the framework of this Offer will be considered provided by the Contractor from the moment access to the Platform is provided.

3. The procedure for connecting to the Platform

3.1. The User's Personal Account on the Platform is activated and can be used to receive Services only after the User accepts this Offer.
3.2. Registration and login to the Platform are carried out by the User independently by specifying their Credentials on the login/registration page: https://popso.ai. The elements identifying the User on the Platform are the mobile phone number.
3.3. The password to log in to the Platform is one-time, it comes in the form of an SMS message when requested on the Registration/authorization page.
3.4. The User is provided with access to the Platform data on the terms of the Tariff chosen by the User.
3.5. The User undertakes to respect the confidentiality of his authorization data (login, password and others) that he uses on the Platform, and not to disclose them to third parties without prior notification to the Contractor. The User is responsible for persons acting on his behalf (including employees, agents), and recognizes the actions of such persons as his own. The Contractor is not responsible for the consequences of the User's violation of this clause.
3.6. The User is obliged to immediately notify the Contractor of the threat of unauthorized use of the User's authorization data on the Platform. In case of receipt of such notification from the User or from another source, the Contractor has the right to change the User's authorization data and inform them to him only after his additional identification.

4. The procedure for using the Platform

4.1. When using the Platform, the User independently makes the settings necessary to receive the Service (choosing a tariff, Marketplaces and other possible Platform options).
4.2. To provide the Service, the Platform uses publicly available data, does not use confidential information from third parties and other information with respect to which any restrictions on its use are established.
4.3. When using the Platform, the User understands that its limited use (for example, free tools/sections, knowledge base) is possible without reference to Marketplaces and registration on them, but obtaining Services is possible only in relation to Marketplaces in respect of which the User (or the Seller who authorized him) is registered, sells goods to consumers.
4.4. When using the Platform by the User in the interests of the Seller, the User confirms and guarantees that he has all legal consents, instructions and permissions from the relevant Seller. Under no circumstances can claims be made against the Contractor regarding the use of the Platform without the consent and authority specified in this paragraph. In case of their presentation, the User reimburses all expenses incurred by the Contractor, as well as compensates the Contractor's losses incurred in connection with the specified situation in full.
4.5. Registration on the Marketplace is governed by the rules developed by the owner of the Marketplace, which are mandatory for the User. Terms of User registration/The seller's position on the Marketplace is set by its owner. The Contractor is not responsible for extending the registration period by the owner of the Marketplace, as well as for decisions made by the owner of the Marketplace, including the refusal to register the User/The seller.
4.6. User Activity/The Seller's presence on the Marketplaces is carried out on the basis of an agreement concluded by the User/As a seller with the owners of the Marketplaces on their own. The contractor is not a party to the specified agreement. User/The seller independently familiarizes himself with the provisions of the rules and documents governing the activities of sellers on the platform of the relevant Marketplace, and assumes the responsibilities and risks of carrying out the relevant activities.
4.7. The Contractor provides assistance to the User/To the Seller in registering on the Marketplace platform and concluding an agreement with the owner of such a platform based on materials and information provided by the User/The seller. The Contractor is not responsible for the inability of the User to pass/The Seller of registration on the Marketplace platform in connection with the failure to provide them with the necessary documents and information, providing false and/or inaccurate data, as well as for other reasons established by the owner of the Marketplace, which do not depend on the Contractor. In this case, the Contractor's Services are subject to payment in full.
4.8. The content of the Product Card (a set of information about the Seller's product (including an image of the product, a description of its characteristics, price, terms of sale and other information) posted on the Marketplace in accordance with the requirements of the latter), mandatory requirements for it, as well as actions performed with the Product Card on the Marketplace platform, are determined by the owner of the Marketplace platform and they are checked by him during the moderation process. The contractor is not responsible for the results of moderation.
4.9. When using the Platform, any actions aimed at obtaining unauthorized access to the resources of the Platform's servers, credentials and other data of other users are prohibited.
4.10. The use of the Platform should be carried out by the User only for legitimate purposes and in lawful ways, taking into account the legislation of the Russian Federation.
4.11. The User undertakes not to damage the software shell, hardware and software, node machines of the Platform and third parties.
4.12. The User undertakes to respect the copyrights of the software and documentation provided by the Contractor and/or third parties.
4.13. The User undertakes not to provide his Credentials to third parties.
4.14. Users of the Platform are prohibited from entering any data with pornographic content for analysis and search; descriptions of goods and services prohibited in the Russian Federation; information contributing to the development of religious conflicts.
In case of detection of such requests or domains associated with the Account, the Platform has the right to immediately and irreversibly block the User's Account.
4.15. The Platform reserves the right to block the Account in case of the following situations:
4.15.1. The User sends more than 1 request in 5 seconds to the functional pages of the Platform for 30 seconds.
4.16. The User understands and agrees that in the event of failures and difficulties in using the Platform, the timing of the elimination of difficulties depends on the complexity and nature of the cause, the specifics of the functioning of both the Platform and the Marketplace. The Contractor takes all measures depending on him to promptly resolve the situation, but is not responsible for delays, errors, failures and interruptions in the operation of the Platform and the results of their elimination that arose due to circumstances beyond his control (due to the peculiarities of the functioning of the Marketplace platform and its technical capabilities).
4.17. The User understands and agrees that in order to provide Services to the User, the Contractor may need information and data from the Seller, without which the Contractor will not be able to provide Services. The User provides such information on the day of receipt of the request from the Contractor.
4.18. The User can try the extended functionality of the Platform within 15 days by selecting a Tariff and clicking the Try button, thereby agreeing to the terms and cost of the future Tariff and the set of functions available upon activation. The trial period can be used 1 time.

5. Payment procedure for services

5.1. The cost of the Contractor's services depends on the selected Tariff and/or the selected Package of services.
5.2. By entering into this Agreement and starting using the Platform for the purpose of receiving Services, the User confirms the fact of familiarization and agreement with the Tariffs and assumes responsibility for its payment.
5.3. Payment for the Contractor's Services is made in the form of a 100% prepayment. The User undertakes to pay the Contractor's invoice within 3 business days after it is issued. The contractor starts providing services only after receiving 100% prepayment.
For certain additional services, other payment terms may be set in the relevant section of this Offer.
5.4. Payment is made by wire transfer of funds to the Contractor on the basis of an invoice issued by the Contractor, which is sent to the User through the functions of the personal account on the Platform and/or to the User's e-mail.
5.5. The User is obliged to pay for the Tariff regardless of whether he has requested the entire volume of Services included in it or not.
5.6. Payment is considered to be made from the moment the funds are credited to the Contractor's current account.
5.7. The Contractor has the right to unilaterally make changes to the Tariffs (including changing the cost of Services) by notifying the User of these changes by publishing information on the Platform and/or in his Personal Account and/or by e-mailing no later than 30 (thirty) calendar days before the entry into force of these changes.
The updated Tariffs come into force from the moment they are published on the Internet at https://popso.ai/tariffs .
If the User does not agree with the updated Tariffs, he undertakes to notify the Contractor about this within a period not exceeding 3 (three) business days from the date of their publication on the Internet at https://popso.ai/tariffs .
If the Parties do not agree on the updated Tariffs, this Agreement is subject to termination.
5.8. Payment for Services by bank card is available for Users.
5.8.1. To select payment for Services using a bank card, click the Payment by bank card button on the corresponding page. Payment is made through BANK using bank cards.
5.8.2. For payment, the User will be redirected to the payment gateway of BANK. The connection to the payment gateway and the transfer of information is carried out in a secure mode using the SSL encryption protocol.
5.8.3. If the User's bank supports the technology of secure Internet payments Verified By Visa, MasterCard SecureCode, MIR Accept, J-Secure, you may also need to enter a special password to make the payment.
5.8.4. The specified site supports 256-bit encryption. The confidentiality of the personal information provided is ensured by BANK. The entered information will not be provided to third parties, except in cases provided for by the legislation of the Russian Federation. Payments by bank cards are carried out in strict accordance with the requirements of the payment systems MIR, Visa Int., MasterCard Europe Sprl, JCB.
1.8.5. The User enters all payment information on the pages of payment systems and aggregators, this information is not transmitted or processed by the Contractor. The Contractor is not responsible for the safety of this data.
5.9. If the User decides to terminate the use of the service for providing access to the Platform, after the start of the provision of services in the paid reporting period, the refund for the paid reporting period is carried out in full, if the notification of termination of use of the service is sent by the User to the Contractor no later than 7 (seven) calendar days from the start provision of services in the reporting period.
5.9.1 If the User decides to cancel prepaid other Services, a refund is possible within 3 days after payment only if the Contractor has not started work. The start time is set for each service in paragraph 12 of this Offer.

6. Accounting documents

6.1. No later than the 5th day of the month following the reporting period (calendar month), the Contractor shall send to the User, through his personal account on the Platform and/or by e-mail, an Act of Acceptance of Services or a Universal Transfer Document (UTD) in respect of Services rendered during the reporting period (hereinafter referred to as the "Act" and "UTD" accordingly).
6.2. At the request of the User, an Act or UTD for the past reporting period may be sent in the original to the User's address (location) on the territory of DIFC.
6.3. In addition to the Act or UTD, an invoice is sent in cases provided for by the legislation of DIFC.
6.4. If the User connects to the electronic document management system (hereinafter referred to as "EDMS") used by the Contractor, the exchange of documents specified in this section of the Offer may be carried out by mutual agreement through such an EDMS system.
6.5. The Parties recognize the equivalence of documents signed and sent to each other in electronic form in accordance with an Agreement drawn up on paper and signed by their authorized representatives with their own hands.
6.6. Within 5 (five) business days after receiving the documents from the Contractor, the User is obliged to:
6.6.1. in the absence of disagreement, sign the documents on your part and send one copy to the Contractor by e—mail get@popso.ai;
6.6.2. in case of disagreement, send the Contractor a reasoned refusal to sign with a detailed description of the disagreement to the e-mail address get@popso.ai. The contractor checks the differences and sends corrected documents if they are confirmed or substantiate the absence of grounds for discrepancies.
6.7. If the Contractor does not receive within 5 (five) business days from the date of sending the signed Act or UTD to the User or a reasoned refusal to sign them, the Services are considered to be provided by the Contractor to the User properly and accepted by the User on the basis of the Act or UTD signed unilaterally by the Contractor, as well as payable in full, specified in the Act or UTD, within the terms and conditions specified in the Contractor's rates. The User refuses to file claims and lawsuits in connection with the provision of such Services by the Contractor.
6.8. The conditions defined in this section apply when concluding an Agreement with legal entities.

7. Personal Data

7.1. The User gives his consent to the processing by the Contractor of the data provided to him (as well as received from any third parties) their personal data: full name, date, month and year of birth, place of birth, series and number of the identity document (or its substitute), information about the registration address at the place of residence, contact information, including (but not limited to) phone number, email address, as well as other personal data, related to the conclusion and execution of the Contract, and confirms that by giving such consent, he acts of his own free will and in his own interests.
7.2. Consent to the processing of personal data is given by the User for the purposes of concluding and executing a Contract, providing additional services by the Contractor, participating in promotions, surveys, research conducted by the Contractor (including, but not limited to conducting surveys, research via electronic, telephone and cellular communications), making decisions or performing other actions that generate legal consequences in relation to The User or other persons, providing the User with information about the services provided by the Contractor and/or its partners, including for the purpose of concluding further contracts/ agreements with other persons for the purpose of fulfilling the Contract, for the purpose of organizing debt collection, including with the involvement of third parties, identifying the person who violated the current legislation, and providing relevant information to the authorized authorities.
7.3. The processing of the User's personal data is carried out By the Contractor to the extent necessary to achieve each of the above goals in the following possible ways: collection, recording (including on electronic media), systematization, accumulation, storage, compilation of lists, labeling, clarification (updating, modification), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction, obtaining an image by photographing, as well as the implementation of any other actions with the User's personal data, taking into account the current legislation of the Russian Federation. Processing is carried out both with the help of automation tools and without the use of such tools.
7.4. The User confirms that the consent given to the processing of personal data is valid indefinitely (during the entire period of storage of the User's personal data by the Contractor).
7.5. The User has the right to withdraw his consent to the processing of personal data by sending a corresponding written notification to the Contractor at least 3 (three) months before the withdrawal of consent.

8. Confidentiality

8.1. Any personal or publicly available information that the User transmits to the Contractor is confidential. No data will be transferred, sold or shared with third parties. The Contractor does not aggregate or collect any User data other than Account data.
8.2. By concluding this Agreement and providing the Contractor with documents and materials (by uploading to the Platform or otherwise), the User understands and expresses his consent to:
8.2.1. collection, familiarization, processing, recording, storage, systematization, accumulation, clarification (updating), modification, extraction, blocking, deletion and other actions (without restrictions) with the data provided to the Contractor;
8.2.2. the Contractor's use of data for the purpose of fulfilling this Agreement, including (if necessary) providing data to third parties (including the owners of Marketplaces and their partners during the provision of Services).
8.3. The User confirms and guarantees that the provision of data to them is carried out on a voluntary basis, without violating the legislation of DIFC and the rights of third parties, including with the consent of the subjects whose data is provided to the Platform. In case of violation of this guarantee, the User will settle the received claims (claims, lawsuits) of third parties, including government agencies, independently and at his own expense, reimburse the Contractor for the losses incurred in connection with them in full, as well as pay for Services.
8.4. The Parties will treat as confidential all information directly or indirectly received by the Party (orally, in writing, electronically, digitally or in any other form) during the execution of the Agreement, which relates to commercial, official, financial, technical and information of any other nature and in any form, and will use this information The information is provided only for the purposes stipulated in the Agreement and will not be disclosed to third parties.
8.5. The User does not have the right to disclose information about the Platform, the Contractor's software, materials and technologies used by the Contractor to provide Services, regardless of a separate notification on the confidentiality of such information.
8.6. The obligations set forth in this Section with respect to confidential information do not apply if such information:
8.6.1. was legally publicly available at the time of its receipt by the Party or subsequently became publicly available through no fault of the receiving Party;
8.6.2. it was obtained legally from a source other than the disclosing Party, without obligations of non-disclosure;
8.6.3. it was disclosed by the receiving Party in accordance with the Legislation at the request of a court, a reasoned request of a state authority, another state body, a local government body acting within its competence and only to the extent of the request received. The receiving Party is obliged to immediately inform the disclosing Party about this (if it does not contradict the law) and within 2 (two) business days from the date of receipt of such a request to send a copy to the disclosing Party; and/or
8.6.4. cannot be classified as confidential in accordance with the legislation of DIFC.
8.7. Any Party that violates the confidentiality obligations set forth in this Section will be obliged to compensate the other Party for the damage suffered by the other Party in connection with such violation.
8.8. The obligations established in this Section with respect to confidential information are valid for the entire term of the Agreement and continue to be valid for 5 (five) years after the termination of the Agreement.

9. Guarantees

9.1. During the term of the Agreement, the Contractor will make every effort to eliminate any technical failures and errors, if they occur, as soon as possible. At the same time, the Contractor does not guarantee the absence of technical failures and errors when using the Platform, including in relation to the operation of the Platform.
9.2. By concluding the Agreement, the User assures the Contractor and guarantees to the Contractor that:
9.2.1. The User has provided reliable data necessary for the conclusion of the Contract and the provision of Services;
9.2.2. The User enters into the Agreement voluntarily, while the User: a) has fully familiarized himself with the terms of the Agreement, b) fully understands the subject of the Agreement, c) fully understands the meaning and consequences of his actions in relation to the conclusion and execution of the Agreement;
9.2.3. The User has all the rights and powers necessary for the conclusion and execution of the Agreement.
9.2.4. Each person participating in the conclusion and execution of the Agreement in the interests of the User (including expressing acceptance on behalf of the User, performing actions in his personal account on the Platform, providing documents and information about the User) is duly authorized by him to carry out such actions. The User independently monitors these persons and confirms that the actions are performed by them at the direction of the User, on his behalf, and the participation of such persons does not affect the User's obligations under the Agreement.

10. Responsibility. Limitation of liability

10.1. In case of non-fulfillment and (or) improper fulfillment of obligations under the Agreement, the Parties are liable in accordance with the Agreement and the legislation of DIFC.
10.2. The Contractor may establish special liability measures depending on the Services. If there are such measures, these measures are published on the Platform.
10.3. The amount of the Contractor's liability is limited to the amount of remuneration received by the Contractor from the User for one calendar month preceding the violation, and at the same time no more than the amount of real damage caused to the User, provided that the User has submitted a claim for payment of damage and documentary confirmation of its amount no later than 15 days from the date of termination of the provision of relevant Services
10.4. The Contractor's request to the User for payment of sanctions may be sent through the personal account on the Platform and/or by e-mail of the User. The amounts of sanctions may be deducted from the amount of the security payment (deposit) of the User (if any).
10.5. The User understands and agrees that the Contractor does not assume responsibility for the timeliness, deletion, incorrect delivery or inability to store messages to any user or personal settings.
10.6. The Contractor is not responsible for the inability to provide Services and/or their inadequate quality for reasons depending on the User or other persons, including in cases of non-compliance of the User (or the seller, in whose interests the User acts) with the requirements of the Marketplace, refusal of the Marketplace from cooperation, blocking of the Seller's personal account on the Marketplace, other actions (inactions) the owner of the Marketplace, the provision of incomplete and/or unreliable data by the User or the Seller, the violation of guarantees by him, as well as for reasons,
10.7. The Contractor is not responsible for the User's lost income, non-compliance of the Platform with his expectations and similar consequences.
10.8. The Contractor is not responsible for the restrictions on the activities of the User (or the Seller in whose interests the User uses the Platform) imposed by the owner of the Marketplace, or for the inability to provide Services under the Agreement due to the actions (inactions) of the owner of the Marketplace platform.
10.9. The Contractor is not responsible for any negative consequences due to the untimely familiarization of the User with the Notifications sent to him in the Personal Account.
10.10. The User is responsible for obtaining access to the Platform, and understands that its use may involve fees from third parties (for example, payment for Internet service provider services, etc.). The User is solely responsible for these costs. In addition, the User is responsible for all the equipment necessary for the User to access the Platform.
10.11. The User is fully responsible for his actions and/or inaction that led to the disclosure, loss, theft, etc. of his credentials and other information that individualizes the User, as well as for any actions and/or inaction of third parties using the User's credentials, to whom they were provided by the User. The Contractor is not responsible for the above actions of the User and/or third parties using his credentials.
10.12. The User is responsible for the completeness and reliability of the information provided by him to create a personal account and the information posted in it. In case of incomplete, inaccurate, or unreliable data, the Contractor is not responsible for improper provision of services, and the User has no right to make claims to the Contractor. The User undertakes to pay for such Services in full.
10.13. The User/The seller is responsible for the accuracy of the information, as well as for the observance of the rights to the results of intellectual activity in the Product Cards. The Contractor provides Services in relation to Product Cards using the User's information and materials/The seller is ready-made. In case of claims (demands, lawsuits) filed by third parties, including government agencies, against the Contractor in connection with the information and/or results of intellectual activity in the Product Card, the User will settle such claims and lawsuits independently and at his own expense and reimburse the Contractor for losses in full, as well as pay for Services.
10.14. Neither Party will be liable for non-performance or delay in the performance of any obligations under this Agreement, except for payment obligations, if this non-performance or this delay in performance is caused by circumstances beyond the control of the relevant Party, including natural disasters, wars, terrorist acts, civil unrest, labor conflicts, etc.

11. Terms of Intellectual Property Rights

11.1. All objects available on the Platform, including design elements, text, graphics, illustrations, videos, computer programs, databases, music, sounds and other objects (which are the content of the Platform), as well as any content posted on the Platform, are objects of the exclusive rights of the Performer. All rights to these objects are protected by the relevant legislative acts of the Russian Federation. The rules of this clause do not apply to content uploaded by the user to his personal user section, the Contractor is not responsible for observing exclusive rights in relation to such content.
11.2. None of the provisions of the Agreement can be interpreted as granting the User a license in relation to the results of the Contractor's intellectual activity (hereinafter referred to as "RIA").
11.3. The User undertakes not to create or register the results of intellectual activity similar to RIA, as well as not to use the information about RIA received through the Platform otherwise than for the performance of the Contract.
11.4. The algorithms of the Platform and its source codes (including parts thereof) are a trade secret of the Contractor. Any use of them other than within the framework of this Agreement is a violation of the Contractor's rights, grounds for his withdrawal from the Agreement and grounds for liability.
11.5. If the User becomes aware of the unfair actions of third parties in relation to the RIA, including their copying, the User immediately informs the Contractor about this.

12. Additional services


12.1. After providing access to the Platform, the User can use additional services provided by the Contractor or with the involvement of the Contractor's Partners.
12.2. The Contractor has the right to involve co-executors (partners of the Contractor) for the provision of services. In case of involvement of co-executors, the Contractor is responsible for their actions to the User.
12.3. Information on additional services provided by the Contractor or the Contractor's Partners, their cost, terms of provision and volume, is posted on the Internet at
https://popso.ai/tariffs
12.4. This section defines the rules for the provision of certain additional services.

12.5. The "Consultation" service
12.5.1. The "Consultation" service is provided by the Contractor's specialists.
12.5.2. To order the service, the User must make a request via e-mail/ messenger / personal account of the Platform.
12.5.3. In order to receive a Consultation, the User must provide a list of questions that need answers (no more than 5 questions per consultation). The list of questions is provided to the Contractor no later than 1 (business day) before the date of the consultation.
12.5.4. The date and time of the consultation are agreed upon by the User and the Contractor via e-mail/ messenger/ personal account of the Platform.
12.5.5. The beginning of the consultation is the moment of establishing a dialogue between the Contractor's specialist and the User, namely the beginning of a telephone conversation.
12.5.6. The Service is considered rendered from the moment of establishing a dialogue between the Contractor's specialist and the User.
12.5.7. In order to postpone the date and time of the consultation, the User must inform the Contractor no later than one (1) day before the start of the consultation.
12.5.8. If the User does not contact the Contractor's specialist within 30 (thirty) minutes from the beginning of the consultation at the time and date appointed for the consultation, the service is considered rendered, and the prepayment is not refundable to the User.


12.6. The Advertising Company Service
12.6.1. The "Advertising Company" service is provided by the Contractor's specialists.
12.6.2. To order the service, the User must make a request via e-mail/ messenger/personal account of the Platform.
12.6.3. In order to receive the service, the User must provide access to the User's personal account on the selected Marketplace and (including, but not limited to) a list of information about products for the company, the amount of the advertising rate. The list of information and access is provided to the Contractor no later than 1 (business day) before the start of work.
12.6.4. The beginning of the provision of the service is the moment when the Contractor receives access to the personal account and a list of information from the User.
12.6.5. The service is considered rendered from the moment the advertising company is activated in the User's personal account on the Marketplace and the report is provided in the form of a screenshot via messenger / mail / personal account of the platform.


12.7. The "E-Store Audit" service
12.7.1. The "E-Store Audit" service is provided by the Contractor's specialists.
12.7.2. To order the service, the User must make a request via e-mail/messenger/personal account of the Platform.
12.7.3. In order to receive the service, the User must provide access to a personal account on the selected Marketplace. Access to the personal account on the selected Marketplace is provided to the Contractor no later than 1 (business day) after payment for the service.
12.7.4. The beginning of the provision of the service is the moment when the Contractor is granted access to the personal account on the selected Marketplace.
12.7.5. The service is considered rendered from the moment the generated report (in PDF format or a link to a web page) is sent to the User via messenger /mail /personal account of the Platform.


12.8. The "Delivery clearance" service
12.8.1. The "Delivery clearance" service is provided by the Contractor's specialists.
12.8.2. To order the service, the User must make a request via e-mail/ messenger / personal account of the Platform.
12.8.3. In order to receive the service, the User must provide access to a personal account on the selected Marketplace, as well as a list of information necessary for the formation of the delivery. All necessary information is provided to the Contractor no later than 3 (working days) before the start of work.
12.8.4. The date and time of delivery are agreed upon by the User and the Contractor via e-mail/messenger/personal account of the Platform.
12.8.5. The beginning of the provision of the service is to provide the Contractor with access to the personal account on the selected Marketplace or provide complete information about the delivery.
12.8.6. The service is considered rendered from the moment of full registration of the delivery in the User's personal account on the Marketplace, namely, setting the appropriate delivery status.
12.8.7. In order to postpone the delivery date and time, the User is obliged to inform the Contractor no later than 1 day before the delivery date, and the User also assumes responsibility for the likely impossibility of changing the date due to the busy time windows for delivery and the specifics of the work of the Marketplaces.
12.8.8. The Contractor undertakes to warn by mail / messenger about possible nuances deliveries, if any, and the User has independently notified the Contractor about the features of the product.
12.8.9. The Contractor is not responsible in the following cases:
12.8.9.1. The product was not accepted at the Marketplace warehouse due to packaging inconsistency.
12.8.9.2. The product was not accepted / accepted only partially due to discrepancies in delivery, while verification is carried out, namely, a comparison of the content of the data provided by the User and the data uploaded to the User's personal account on the Marketplace. If there are no discrepancies, the User is solely responsible for the precedent that has arisen.
12.8.9.3. The Product was not accepted due to the User's delay in arriving at the warehouse for the acceptance procedure.
12.8.9.4. The product was not accepted due to the specifics of the Marketplace, for example, a malfunction of warehouse equipment, and other situations specified in paragraph 10 of this Offer.


12.9. The "Product Listing" service
12.9.1. The "Product Listing" service is provided by the Contractor's specialists.
12.9.2. To order the service, the User must make a request via e-mail/messenger /personal account of the Platform.
12.9.3. In order to receive the service, the User must provide access to the personal account on the selected Marketplace, as well as a list of information about the goods. All necessary information is provided to the Contractor no later than 3 (business days) after payment for the service.
12.9.4. The beginning of the provision of the service is the moment when the Contractor receives the list of information about the goods from the User.
12.9.5. The Service is considered rendered from the moment the cards pass moderation and provide the User with a screenshot report via messenger / e-mail.
12.9.6. If the User has not provided the necessary information within the prescribed time, the number of paid cards is entered into the User's "balance" and he can use them by agreement with the Contractor, agreeing on the terms.

13. The term of the Agreement. The procedure for modification and termination

13.1. This Offer is open-ended and comes into force after its publication on the Internet at https://popso.ai/agreement .
13.2. Previous versions of the Offer can be found at the following addresses on the Internet:
There were no previous versions.
13.3. The Contractor has the right at any time at its discretion to change the terms of this Offer (terms of the Agreement), except for the terms of Tariffs (cost of Services), notifying the User of these changes by publishing information on the Platform and/or in the Personal Account and/or by e-mailing no later than 5 (five) days calendar days before the entry into force of these changes.
If changes are made to the Offer (terms of the Agreement) in the manner provided for in this paragraph, these changes to the terms of the Offer come into force from the moment the amended text of the Offer is posted on the Internet at https://popso.ai/agreement unless a different date for the entry into force of the changes is specified in the amended text of the Offer. The user tracks the changes independently.
13.4. In case of disagreement with the changes in the Agreement or the Offer, the User is obliged to send a message to the Contractor about the refusal to fulfill the Agreement within 3 working days from the date of notification of the changes or their publication on the Platform. Otherwise, such changes from the date of their entry into force are considered agreed upon by both Parties, are subject to application to the relationship between them and become an integral part of the Agreement, and the User waives the right to make claims or challenge such changes in court or out of court.
13.5. The Offer may be withdrawn by the Contractor at any time prior to the beginning of the provision of the use of the Platform by the User by sending a notification to the e-mail address and/or to any available messenger (by phone number) of the User specified by the latter, including in the User's personal account on the Platform. In case of such withdrawal, the Contract is considered not concluded. In this case, the User does not have the right to demand the conclusion of a Contract and/or payment of any amounts by the Contractor.
13.6. The Service Agreement for providing access to the Platform may be terminated:
13.6.1. by agreement of the Parties at any time;
13.6.2. the Party's withdrawal from the Agreement in accordance with the procedure and on the grounds provided for by the legislation of the Russian Federation and/or the Agreement;
13.6.3. termination of the Party's access to the platforms of all Marketplaces in respect of which Services are provided through the use of the Platform.
13.6.4. At the request of the Contractor (unilaterally out of court) in the following cases:
13.6.4.1. violation of the terms of the Agreement by the User;
13.6.4.2. violations by the User of the exclusive right to the results of intellectual activity available on the Platform or other limits of the use of the Platform;
13.6.4.3. repeated provision of false information by the User;
13.6.4.4. disclosure of confidential information by the User;
13.6.4.5. repeated violation by the User of the obligations to pay for the Contractor's Services.
13.7. Any Party has the right to withdraw from the Agreement (terminate it) unilaterally out of court by sending the other Party a notice of withdrawal from the Agreement at least 15 working days before termination.
The notification is sent to the e-mail address of the other Party (the e-mail address for sending the notification to the Contractor: get@popso.ai ), as well as in writing.
The services rendered by the Contractor to the User before the date of termination of the Agreement are subject to payment in full no later than 5 working days after sending the notice of termination (refusal), including from the prepayment amounts.
13.8. The absence of actions on the part of the User to use the Platform within one year from the date of activation of the personal account is considered a unilateral withdrawal of the User from the Agreement.
13.9. Termination of the Agreement does not affect the obligation to fulfill obligations that arose during its validity and remain in force after termination of the Agreement.

14. Other conditions

14.1. The Contractor has the right to involve third parties to provide Services.
14.2. The Contractor has the right to interact with the User by exchanging messages in the User's personal account on the Platform, and the e-mail address specified by the User in the personal account on the Platform and/or communicated POPSO.ai otherwise. The message is considered delivered to the User on the day it is sent. The User independently checks the personal account on the Platform and e-mail for receiving messages and bears the risks of adverse consequences due to untimely familiarization with such messages.
14.3. The relations of the Parties are governed by the provisions of the current legislation of the Russian Federation. The Parties will make every effort to resolve disputes and disagreements arising in connection with the Agreement through negotiations.
Claims from the User are accepted to the Contractor's e-mail address, and are also sent in writing to the address specified in section 15 of the Offer. The period for consideration of the User's claim is up to 10 (ten) days from the date of its receipt.
Any dispute that has not been resolved in a claim-based manner is subject to resolution in the Arbitration Court of the city of Moscow.
14.4. Assignment of the User's rights and obligations under the Agreement is possible only with the prior written consent of the Contractor.
14.5. The User gives the Contractor permission (consent) to receive information, including advertising, at the e-mail address provided to the Contractor, as well as other contact information.
14.6. If one or more provisions of the Agreement are invalid or unenforceable for any reason, such invalidity does not affect the validity of any other provisions of the Agreement that remain in force.

15. Details of the Contractor

POPSO Tech Ltd
AI Campus, DIFC, Dubai, United Arab Emirates
P O Box 507444
Е-mail: get@popso.ai

APPENDIX No. 1 "BILLING"
to the offer agreement as amended on 24.01.2024

Pursuant to the Agreement, POPSO Tech Ltd (hereinafter also – "POPSO.ai ") as part of the execution of the Contract, it is guided by the tariffs indicated on the link.

The full list of tariffs with their descriptions is available on the Internet at: https://popso.ai/tariffs

The tariffs and the cost of services specified in this Appendix are not subject to VAT.

For the terms of service provision, the "days" of service provision in this Pricing are accepted as working days in accordance with the legislation adopted in DIFC.